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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer 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 Buyer 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 Price, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually 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 completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's properties (or the properties of any associated Business or agent where the Goods are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured using the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Item sold in a different recognizable account as the useful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the fact that the Product end up being components connected to the premises of the Purchaser or a third party, and if the Seller enters those premises for the function of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wangara .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for problems or failure under correct use and which develop solely from defective design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all express and implied guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, products or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their use 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 arising out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller shall make good the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable 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 hereby limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or getting comparable Item; (d) the payment of the expense of having the Goods repaired (Gym in Edgewater ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (composed) 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 dimensions consisted of 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 agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that effect may be attached and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Group Training in Woodvale .

If the Seller has followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical 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 disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Marangaroo Western Australia. Unless specified in other places it is the purchaser's responsibility to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement wherever and to the degree to which fulfilment of the very same is avoided, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms make up a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have previously been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.