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

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

If the Seller thinks about that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the premises of any associated Business 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 Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing price of the Item offered or used in the manufacture of the Product offered in a separate identifiable account as the beneficial home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product become components connected to the facilities of the Buyer or a third party, and if the Seller enters those properties for the function of reclaiming ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Ocean Reef WA.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under correct usage and which occur entirely from defective design, materials 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. Other than as provided in provision 35, all express and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are malfunctioning, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or acquiring comparable Item; (d) the payment of the expense of having the Item repaired (Nutritionist in Pearsall ).

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 first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are planned simply to offer a sign of the goods described therein and none of these will form part of the agreement 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 impact might be attached and it must not be ruined obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Greenwood Western Australia.

If the Seller has actually followed a design or instructions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenses of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

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

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Carramar WA. Unless defined somewhere else it is the buyer's responsibility to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, financing modification declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Goods that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.