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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 Purchaser concurs that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference 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 Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the premises of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Goods are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Item offered or used in the manufacture of the Goods offered in a separate identifiable account as the useful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Product end up being components connected to the properties of the Purchaser or a third party, and if the Seller gets in those facilities for the function of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in The Vines Western Australia.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under correct usage and which arise entirely from faulty 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 purchaser. 32. Except as offered in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically left out.

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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 arising out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller shall make great the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser 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 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or obtaining equivalent Item; (d) the payment of the cost of having the Product fixed (Nutritionist in Ocean Reef ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other marketing matter, are intended merely to offer an indicator of the goods described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it needs to not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Group Training in Ellenbrook .

If the Seller has followed a style or instructions provided by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller developing from any violation of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered 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 case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence 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 passing up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Gnangara . Unless defined elsewhere it is the purchaser's obligation to get any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is prevented, disappointed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.