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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the price that would have been the Purchase Rate if the error had actually 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 Product; (b) to go into the Purchaser's properties (or the premises of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice cost of the Product offered or used in the manufacture of the Goods sold in a separate identifiable account as the useful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not affected by the fact that the Item become fixtures connected to the premises of the Purchaser or a third party, and if the Seller goes into those premises for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Carramar .

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under correct usage and which develop exclusively from faulty style, materials or workmanship.

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. Except as supplied in provision 35, all express and suggested guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable 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 Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller shall make great the problem by doing any among the following at its option: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually 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 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or acquiring equivalent Product; (d) the payment of the cost of having the Item fixed (Nutritionist in Tapping WA).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, cost lists and other marketing matter, are meant simply to offer an indication of the products described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the products, an imprint to that impact may be attached and it needs to not be defaced eliminated or removed from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Woodvale .

If the Seller has followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages will 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 suitable jurisdiction in Australia. 43 - Gym in Mullaloo Western Australia. Unless specified somewhere else it is the purchaser's duty to acquire any permits and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is avoided, annoyed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing modification declaration, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Product that have formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.