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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business 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 Quotation consists of a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the properties of any associated Company 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 Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Goods sold in a separate identifiable account as the advantageous residential or commercial 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 fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering possession of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Carramar .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under appropriate use and which occur solely from malfunctioning style, products or workmanship.

Without restricting 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 supplied in stipulation 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or getting equivalent Goods; (d) the payment of the expense of having actually the Goods fixed (Group Training in Ellenbrook Western Australia).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered 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 dimensions consisted of in our catalogues, catalog and other marketing matter, are intended simply to give a sign of the items explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it needs to not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Nutritionist in Darch .

If the Seller has followed a design or guidelines given by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller arising from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Edgewater Western Australia. Unless specified somewhere else it is the purchaser's obligation to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of efficiency of this contract wherever and to the degree to which fulfilment of the same is avoided, frustrated or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

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