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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem 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 thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference 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 following rights in relation to the Goods till 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 properties (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Product are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Product offered in a separate recognizable account as the useful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not affected by the truth that the Product become components connected to the properties of the Buyer or a third party, and if the Seller enters those facilities for the purpose of recovering belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Ocean Reef .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for problems or failure under correct use and which occur solely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all express and implied 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) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or workers.

34. If the Goods are faulty, the Seller will make excellent the defect by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated 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 comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or acquiring comparable Goods; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Wanneroo ).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) 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 dimensions included in our catalogues, cost lists and other advertising matter, are planned simply to give an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Singara .

If the Seller has actually followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer 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 typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Warwick . Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is prevented, frustrated or impeded as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, funding modification declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.