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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem 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 pertaining to the problem of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Cost and the rate that would have been the Purchase Rate if the error had not been made.

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

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If the Goods are re-sold, or products manufactured using the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Product become fixtures connected to the facilities of the Purchaser or a third party, and if the Seller gets in those facilities for the function of recovering belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Mullaloo WA.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under correct usage and which occur exclusively from defective style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered 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 fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, details or services provided by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items 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 indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or getting equivalent Item; (d) the payment of the cost of having the Goods fixed (Nutritionist in Joondalup ).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) 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 contained in our brochures, price lists and other advertising matter, are intended merely to offer a sign of the products described therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that result may be attached and it should not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Group Training in Marangaroo .

If the Seller has followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller arising from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common 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 event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties 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 writing and unless expressly concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Gnangara WA. Unless defined somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is avoided, annoyed or prevented as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.