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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 Buyer agrees that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error had not been made.

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

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If the Product are re-sold, or items made utilizing the Goods are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or utilized in the manufacture of the Product offered in a separate identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the truth that the Goods become components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Edgewater .

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 limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under appropriate use and which emerge entirely from faulty 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. Other than as supplied in clause 35, all reveal and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or acquiring comparable Goods; (d) the payment of the expense of having the Item fixed (Nutritionist in Carramar WA).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other advertising matter, are meant simply to provide a sign of the items explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it should not be ruined eliminated or removed from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Gym in Hillarys .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless specified somewhere else it is the buyer's obligation to obtain any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of efficiency of this contract wherever and to the degree to which fulfilment of the same is avoided, disappointed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding change declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.