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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Cost 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 up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the premises of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Product are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the helpful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Goods end up being components connected to the premises of the Purchaser or a third party, and if the Seller enters those properties for the function of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Woodvale .

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under correct usage and which emerge solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or obtaining comparable Item; (d) the payment of the cost of having actually the Goods fixed (Nutritionist in Woodvale ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided 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, details of weights and dimensions included in our brochures, catalog and other marketing matter, are meant merely to give a sign of the products explained therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that effect might be affixed and it must not be ruined obliterated or gotten rid of from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Gym in Padbury .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wanneroo Western Australia. Unless specified elsewhere it is the purchaser's responsibility to obtain any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing statement, funding change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.