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

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

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

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

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If the Item are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Item sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Goods end up being fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in The Vines WA.

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under appropriate use and which emerge entirely from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in provision 35, all express and indicated warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, installation, products or workmanship; or (c) advice, suggestions, information or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Item, their use and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or acquiring comparable Goods; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Brabham ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are meant simply to offer a sign of the items explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that result may be affixed and it should not be ruined obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Joondalup Western Australia.

If the Seller has followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and costs 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 given by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Warwick Western Australia. Unless defined elsewhere it is the purchaser's duty to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, annoyed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing declaration, funding modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have formerly been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.