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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand 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 Buyer in relation to any of the matters pertaining to the concern of the Credit Note.

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

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate 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 till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the facilities of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Item offered in a different recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the reality that the Product become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Tapping .

Our liability in regard of any flaw in, or failure of the items provided, 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 assurance period is 12 months from the date of approval of the items, and is only valid for defects or failure under correct usage and which emerge exclusively from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all express and indicated service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their use and application, are expressly left out.

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The Seller shall not be accountable 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 consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or obtaining equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Group Training in Ocean Reef WA).

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 initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are intended merely to give an indication of the products described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that effect may be attached and it needs to not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Ocean Reef Western Australia.

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless expressly 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 shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in The Vines WA. Unless defined in other places it is the purchaser's responsibility to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement wherever and to the degree to which fulfilment of the exact same is prevented, frustrated or hindered as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing statement, financing modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.