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

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

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

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

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If the Product are re-sold, or items made utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Item offered in a separate recognizable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Item end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming ownership of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Wanneroo Western Australia.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for problems or failure under appropriate usage and which occur exclusively from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of 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, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or workers.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or acquiring equivalent Item; (d) the payment of the expense of having the Item repaired (Gym in Ocean Reef ).

36. The Buyer should not return any Goods 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 Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, price lists and other advertising matter, are meant merely to give an indicator of the products explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect may be affixed and it needs to not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Gym in Lansdale .

If the Seller has followed a design or instructions given by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common 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, signed up style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Aveley Western Australia. Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have actually formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Client.