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25. If the Seller problems 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 industrial 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 Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Item are re-sold, or items manufactured using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Product sold in a different identifiable account as the beneficial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Item become fixtures connected to the facilities of the Purchaser or a third celebration, and if the Seller gets in those facilities for the function of recovering ownership of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Edgewater .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just valid for problems or failure under proper usage and which arise exclusively from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and implied guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their use and application, are specifically excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or acquiring equivalent Product; (d) the payment of the cost of having the Product fixed (Group Training in Joondalup Western Australia).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are planned merely to give an indicator of the items described therein and none of these will form part of the agreement 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 attached and it needs to not be ruined obliterated or removed from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Nutritionist in Ocean Reef WA.

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

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

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Ocean Reef . Unless defined somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security arrangement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Product that have formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Consumer.