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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 Buyer agrees that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might 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 Item, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price 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 Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the facilities of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing price of the Product offered or used in the manufacture of the Goods offered in a different recognizable account as the useful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the fact that the Item end up being components connected to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the function of reclaiming possession of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Wanneroo .

Our liability in regard of any problem in, or failure of the goods provided, 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 expense. Our assurance period is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under appropriate usage and which develop solely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all express and suggested service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their usage and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 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 Item; (c) the payment of the expense of replacing the Goods or obtaining comparable Item; (d) the payment of the expense of having the Product repaired (Gym in Wanneroo WA).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are planned simply to give a sign of the goods explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it should not be defaced eliminated or removed from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Gym in Aveley .

If the Seller has followed a style or guidelines provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Wangara Western Australia. Unless specified elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of performance of this contract wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, funding change 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 concurs that these terms and conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.