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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser 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 until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter 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 acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Item sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Item end up being fixtures attached to the premises of the Purchaser or a third party, and if the Seller gets in those properties 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 Pearsall Western Australia.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper usage and which arise exclusively from defective style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their use and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Item repaired (Nutritionist in Wanneroo WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are planned merely to give a sign of the goods explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it must not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in Warwick Western Australia.

If the Seller has followed a design or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and expenses of the Seller emerging from any violation of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Marangaroo . Unless defined elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, financing modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have actually previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.