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25. If the Seller concerns a Credit Note to the Purchaser (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 good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Cost and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the premises of any associated Business or representative where the Item are located) 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 Item are re-sold, or items manufactured using the Goods are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item offered or used in the manufacture of the Goods sold in a different identifiable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Item become components attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Aveley Western Australia.

Our liability in regard of any defect in, or failure of the items supplied, 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 expense. Our guarantee period is 12 months from the date of approval of the products, and is just valid for flaws or failure under appropriate use and which emerge solely from malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all reveal and implied warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their usage and application, are expressly left out.

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The Seller shall not be accountable 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 Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make excellent the problem by doing any among the following at its option: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or acquiring equivalent Product; (d) the payment of the cost of having the Goods fixed (Personal Training in Warwick Western Australia).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, rate lists and other marketing matter, are intended merely to offer an indication of the goods explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Gym in Padbury .

If the Seller has followed a design or instructions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common 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, registered style, hallmark, copyright or common law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties 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 agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Mullaloo Western Australia. Unless defined somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

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

45. 1 In this stipulation financing statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.