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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 business excellent 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 considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the cost that would have been the Purchase Price if the mistake had actually 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 completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the facilities of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced using the Goods are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product offered or used in the manufacture of the Item 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 residential or commercial property in the Product is not impacted by the fact that the Item end up being components attached to the properties of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Aveley Western Australia.

Our liability in respect 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 defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under correct usage and which arise entirely from faulty style, products or craftsmanship.

Without limiting 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 provision 35, all express and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically left out.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or acquiring comparable Goods; (d) the payment of the expense of having actually the Product repaired (Gym in Padbury Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, price lists and other marketing matter, are meant simply to offer an indication of the items 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 functions are embodied in the style of the products, an imprint to that effect may be affixed and it should not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Nutritionist in Wangara Western Australia.

If the Seller has followed a design or directions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, hallmark, registered style, copyright or typical 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 design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Wangara . Unless specified in other places it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the very 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 provision funding declaration, financing change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Item that have actually previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.