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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of industrial 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 Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Cost and the price that would have been the Purchase Cost 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 fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the facilities of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Item offered in a different identifiable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ellenbrook .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under correct use and which occur exclusively from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their usage and application, are expressly left out.

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The Seller will not be responsible 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 consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make good the defect by doing any among the following at its choice: (a) fixing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Goods; (d) the payment of the cost of having the Item fixed (Nutritionist in Carramar ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially 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 measurements consisted of in our brochures, catalog and other marketing matter, are planned simply to provide a sign of the items described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that impact may be affixed and it must not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in Ellenbrook Western Australia.

If the Seller has followed a design or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and costs of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying 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, service warranties and warranties whatsoever on our part whether expressed or suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no arrangement for liquidated damages shall 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 brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Greenwood . Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.