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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial good 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 contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following 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 Product; (b) to enter the Purchaser's facilities (or the premises of any associated Business or agent where the Item are located) without liability for trespass or any resulting damage and to seize the Goods; 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 manufactured utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Item offered in a separate recognizable account as the helpful property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Item end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Aveley .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is only valid for problems or failure under correct use and which arise solely from faulty 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 purchaser. 32. Except as offered in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, suggestions, information or services supplied by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the expense of having actually the Item fixed (Personal Trainer in Carramar WA).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other marketing matter, are meant simply to offer an indicator of the goods explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that impact may be affixed and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Gym in Padbury WA.

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

Contracts and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding 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 passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly 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 litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Lansdale WA. Unless defined somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement wherever and to the extent to which fulfilment of the very same is prevented, frustrated or hindered as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

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