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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser 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 contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost 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 Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter 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 acquire the Goods; 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 manufactured using the Product are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods sold or used in the manufacture of the Item sold in a different recognizable account as the helpful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the truth that the Goods become fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Darch WA.

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under proper usage and which emerge entirely from malfunctioning design, products 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. Other than as provided in clause 35, all express and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, setup, products or workmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its staff members, servants or agents to the Buyer concerning the Item, their use and application, are expressly omitted.

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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 Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the problem by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or getting equivalent Product; (d) the payment of the cost of having the Item fixed (Personal Training in Woodvale Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other marketing matter, are intended merely to give an indicator of the products 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, registered designs or copyright functions are embodied in the style of the goods, an imprint to that result might be attached and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Wangara .

If the Seller has followed a design or directions provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Wanneroo . Unless specified in other places it is the purchaser's duty to obtain any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.