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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the error had actually not been made.

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

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If the Product are re-sold, or products made using the Product are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Product offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Item 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 ownership of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Gnangara .

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under correct usage and which arise exclusively from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser 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 consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are malfunctioning, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable 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 thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or acquiring comparable Goods; (d) the payment of the expense of having the Item fixed (Personal Training in Sorrento ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are meant simply to offer a sign of the products explained therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it must not be ruined wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Tapping .

If the Seller has actually followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in The Vines Western Australia. Unless defined somewhere else it is the buyer's duty to obtain any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of efficiency of this agreement anywhere and to the level to which fulfilment of the same is prevented, frustrated or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security agreement, and security interest has the significance given 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 Item that have actually previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.