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

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Product; 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 using the Product are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Product offered in a different recognizable account as the beneficial residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Goods become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming ownership of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Carramar Western Australia.

Our liability in regard of any defect in, or failure of the products supplied, 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 cost. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under appropriate use and which develop entirely from faulty design, products 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 buyer. 32. Other than as offered in provision 35, all express and indicated guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, info or services provided by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer 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 occurring as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) replacing the Product; or (c) taking the products 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 service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or obtaining equivalent Goods; (d) the payment of the cost of having actually the Product fixed (Nutritionist in Greenwood ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) 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 included in our catalogues, price lists and other advertising matter, are intended merely to offer an indication of the goods explained therein and none of these shall 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 items, an imprint to that effect may be attached and it must not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Gym in Lansdale Western Australia.

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Warwick . Unless specified somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is prevented, frustrated or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding modification declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.