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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of commercial excellent 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 Quote contains an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Product are re-sold, or items produced using the Item are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or used in the manufacture of the Product sold in a different identifiable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Goods become components attached to the properties of the Purchaser or a 3rd celebration, and if the Seller enters those facilities for the function of recovering belongings of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Warwick .

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under correct usage and which arise entirely from faulty design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and implied warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Item, their usage and application, are specifically excluded.

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The Seller will not be liable to the Buyer 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 including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller will make excellent the problem by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or obtaining comparable Goods; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Carramar WA).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are meant merely to provide an indicator of the products described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that effect may be affixed and it must not be defaced wiped out or removed from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Nutritionist in Darch WA.

If the Seller has actually followed a design or instructions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any style or direction offered by it will not trigger 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 conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or suggested will form part of this agreement unless specifically set forth 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 shall form part of the contract.

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This contract 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 Mullaloo Western Australia. Unless specified in other places it is the purchaser's duty to get any permits and approvals. Where any costs 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 prevented as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding change statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.