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25. If the Seller concerns 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 business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Cost and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the facilities of any associated Business or agent where the Item 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 Goods are re-sold, or items produced using the Item are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item offered in a separate identifiable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not affected by the reality that the Goods become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of recovering possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Pearsall .

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 defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only legitimate for defects or failure under correct usage and which develop solely from defective style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their usage and application, are expressly omitted.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make excellent the flaw by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Product; or (c) taking the items 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 warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Gym in Joondalup Western Australia).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (written) 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 included in our brochures, catalog and other marketing matter, are meant simply to provide a sign of the goods described therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that impact might be attached and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Group Training in Ocean Reef .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no provision for liquidated damages will 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 proper jurisdiction in Australia. 43 - Personal Trainer in Aveley Western Australia. Unless defined somewhere else it is the purchaser's responsibility to get any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is avoided, annoyed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

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