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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs 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 Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate 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 Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the premises of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced utilizing the Goods are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Product sold in a separate identifiable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Goods become components attached to the premises of the Buyer or a third celebration, and if the Seller gets in those premises for the function of recovering ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Ellenbrook .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is just valid for defects or failure under appropriate 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 consequential loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and suggested service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) advice, suggestions, info or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having the Product fixed (Nutritionist in Singara ).

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 actually initially offered 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 contained in our brochures, price lists and other advertising matter, are meant merely to give an indicator of the items described therein and none of these will form part of the contract unless particularly agreed in composing.

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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 effect may be affixed and it must not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Nutritionist in Brabham .

If the Seller has followed a design or directions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no arrangement for liquidated damages shall 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 brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in henley Brook Western Australia. Unless defined in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the same is avoided, annoyed or prevented as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.