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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller thinks about that the Purchase Price has actually been overestimated and chooses 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 Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Goods are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Product offered in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the truth that the Goods become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Marangaroo WA.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under correct use and which occur entirely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all express and indicated guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make good the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring comparable Goods; (d) the payment of the cost of having the Product repaired (Nutritionist in Gnangara Western Australia).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other advertising matter, are planned simply to give a sign of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that effect may be attached and it must not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Nutritionist in Ocean Reef .

If the Seller has followed a design or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any violation of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in composing no arrangement 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 brought in the Court of proper jurisdiction in Australia. 43 - Gym in Aveley . Unless specified in other places it is the buyer's obligation to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of efficiency of this contract any place and to the extent to which fulfilment of the same is prevented, frustrated or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

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