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

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the price that would have been the Purchase Cost 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 Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's facilities (or the properties of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to take possession of 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 manufactured utilizing the Item are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Product offered in a different identifiable account as the helpful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the reality that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Brabham .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under correct use and which emerge solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its staff members, servants or agents to the Buyer concerning the Item, their use and application, are specifically left out.

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The Seller shall not be accountable to the Buyer 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 arising as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Product; (d) the payment of the cost of having actually the Product fixed (Nutritionist in Carramar Western Australia).

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 first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, rate lists and other marketing matter, are planned simply to give a sign of the products explained therein and none of these will form part of the contract unless particularly agreed in writing.

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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 gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Training in Wangara .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless expressly stated 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 agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Warwick . Unless defined somewhere else it is the purchaser's obligation to get any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

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