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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 agrees 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 relating to the problem of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Rate and the price that would have been the Purchase Price 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 Item; (b) to get in the Buyer's facilities (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Product are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Goods offered in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the truth that the Product become components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Sorrento .

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the items, and is only legitimate for defects or failure under proper use and which arise exclusively from defective design, materials or craftsmanship.

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 offered in provision 35, all express and implied warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Product, their use and application, are expressly omitted.

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The Seller shall not be liable to the Purchaser 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 consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Item repaired (Group Training in Gnangara ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, price lists and other advertising matter, are planned merely to offer an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Group Training in The Vines Western Australia.

If the Seller has actually followed a style or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Singara Western Australia. Unless defined somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the very same is prevented, annoyed or impeded as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, funding change statement, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.