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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees 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 referring to the concern 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 may at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate 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 until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing price of the Item sold or used in the manufacture of the Product sold in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Item end up being components attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Darch WA.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the products, and is just legitimate for problems or failure under appropriate use and which arise exclusively from defective design, 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 buyer. 32. Except as provided in provision 35, all reveal and implied service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Goods; (d) the payment of the cost of having the Product fixed (Nutritionist in Ocean Reef ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, price lists and other advertising matter, are meant merely to give an indication of the products described therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect may be affixed and it should not be ruined eliminated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Joondalup Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in henley Brook . Unless specified somewhere else it is the purchaser's obligation to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

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

45. 1 In this stipulation financing declaration, funding change statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.