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

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If the Seller thinks about the Quote consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Goods offered in a separate identifiable account as the helpful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not affected by the truth that the Item become fixtures connected to the properties of the Purchaser or a third celebration, and if the Seller enters those properties for the function of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Greenwood Western Australia.

Our liability in respect of any defect 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 flaw or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under proper usage and which arise entirely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring 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 representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Item or obtaining comparable Item; (d) the payment of the expense of having the Product fixed (Gym in Gnangara ).

36. The Buyer must not return any Item 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, price lists and other advertising matter, are planned simply to provide an indicator of the items explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result may be attached and it must not be ruined wiped out 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 goods. Gym in Mullaloo .

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

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Ellenbrook Western Australia. Unless defined elsewhere it is the buyer's obligation to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the very same is prevented, annoyed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.