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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, 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 relating to the concern of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer's facilities (or the facilities of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Product sold in a different recognizable account as the beneficial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Product become fixtures connected to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those facilities for the function of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Carramar Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for defects or failure under proper usage and which occur entirely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, 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 cost of having actually the Item fixed (Gym in Edgewater Western Australia).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are intended simply to provide an indication of the products explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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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 impact might be attached and it must not be defaced obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Marangaroo WA.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Mullaloo . Unless defined in other places it is the purchaser's obligation to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the same is avoided, frustrated or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Item that have actually previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Consumer.