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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 agrees that the concern 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 consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction 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 list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the facilities of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Item offered in a separate recognizable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Product become components attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Tapping .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under correct usage and which emerge entirely from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or guarantee indicated 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 equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the expense of having the Product repaired (Nutritionist in Woodvale ).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, rate lists and other marketing matter, are planned simply to provide a sign of the goods described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result might be affixed and it must not be ruined eliminated or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Gnangara WA.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Singara Western Australia. Unless specified elsewhere it is the buyer's responsibility to obtain any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer 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 Item that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.