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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the rate that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the premises of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods 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 rate of the Product offered or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of recovering ownership of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Edgewater .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the items, and is only valid for flaws or failure under proper use and which emerge entirely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their usage and application, are specifically left out.

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The Seller shall not be responsible 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 Product including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Product or acquiring equivalent Product; (d) the payment of the expense of having the Item fixed (Nutritionist in Mullaloo ).

36. The Purchaser 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 given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are intended merely to offer an indicator of the goods explained therein and none of these shall form part of the agreement 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 items, an imprint to that effect might be affixed and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in Padbury .

If the Seller has followed a style or instructions provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer 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.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically 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 lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Carramar . Unless specified somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and produces a security interest in all Item that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.