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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the rate that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's facilities (or the facilities of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Goods sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Goods end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of reclaiming possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Sorrento Western Australia.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is just legitimate for problems or failure under appropriate use and which emerge solely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and indicated warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller shall make great the problem by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Product; (d) the payment of the expense of having the Product fixed (Nutritionist in Sorrento ).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are meant merely to offer an indication of the products explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Group Training in Tapping .

If the Seller has followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller developing from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or implied will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Joondalup . Unless defined in other places it is the purchaser's obligation to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the very same is avoided, annoyed or prevented as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing change declaration, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms constitute a security arrangement for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.