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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Cost if the error had actually not been made.

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

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If the Item are re-sold, or products manufactured utilizing the Goods are offered by the Buyer, the Buyer will 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 sold in a different recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Item end up being components attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ocean Reef .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under proper use and which emerge solely from malfunctioning design, materials 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 buyer. 32. Other than as provided in stipulation 35, all express and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or financial 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 staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make great the flaw by doing any among the following at its alternative: (a) repairing 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 accountable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Goods or obtaining comparable Product; (d) the payment of the cost of having actually the Product fixed (Gym in Padbury WA).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, cost lists and other advertising matter, are intended merely to offer an indicator of the goods described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the items, an imprint to that impact may be attached and it must not be ruined wiped out or eliminated from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Nutritionist in Marangaroo Western Australia.

If the Seller has followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, 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 shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no provision for liquidated damages will 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Ocean Reef . Unless specified in other places it is the purchaser's responsibility to obtain any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the very same is prevented, annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.