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25. If the Seller issues a Credit Note to the Purchaser (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 great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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

If the Seller considers that the Purchase Price has actually been overestimated and chooses not the cancel the agreement, 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 not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the facilities of any associated Company or agent where the Goods are situated) 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 produced utilizing the Item are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Item offered in a separate recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of reclaiming possession of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in The Vines WA.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for defects or failure under proper usage and which emerge entirely from defective style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all express and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Buyer relating to the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make good the problem by doing any among the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the expense of having actually the Goods fixed (Personal Training in Greenwood WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) 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 included in our catalogues, price lists and other advertising matter, are planned merely to give an indication of the products explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Gym in Pearsall .

If the Seller has followed a design or directions given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency 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 guarantees whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Marangaroo Western Australia. Unless specified somewhere else it is the purchaser's responsibility to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the very same is avoided, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

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