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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of industrial good 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 Quote consists of a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had 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 completely paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the premises of any associated Business or representative where the Product are located) without liability for trespass or any resulting damage and to take possession of the Item; 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 utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Product sold in a separate recognizable account as the useful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Product become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of recovering belongings of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Padbury Western Australia.

Our liability in regard of any defect in, or failure of the products supplied, 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 expense. Our guarantee period is 12 months from the date of acceptance of the products, and is just legitimate for flaws or failure under correct usage and which emerge exclusively from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Darch ).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are planned simply to provide a sign of the items explained therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that result might be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Gym in Ocean Reef .

If the Seller has followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract 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 shall form part of the contract.

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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 - Nutritionist in Woodvale Western Australia. Unless defined somewhere else it is the purchaser's duty to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the exact same is prevented, frustrated or impeded as a repercussion 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 statement, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.