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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 Purchaser concurs that the concern 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 referring to the concern of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the cost that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the premises of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to take possession of the Item; 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 Goods are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Product sold or utilized in the manufacture of the Item sold in a separate identifiable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Item end up being components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Gnangara .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under correct usage and which occur solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all reveal and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, details or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their use and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, details or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or getting equivalent Product; (d) the payment of the cost of having actually the Product repaired (Nutritionist in Padbury WA).

36. The Buyer must not return any Product 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 needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other advertising matter, are meant merely to provide an indication of the items 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, signed up styles or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it must not be defaced wiped out or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in Ellenbrook Western Australia.

If the Seller has actually followed a style or directions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller developing from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the event 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 trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied shall 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 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Carramar WA. Unless defined elsewhere it is the purchaser's duty to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the same is prevented, annoyed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.