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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue 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, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference between the Purchase Cost and the price 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 Item; (b) to get in 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 take possession of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods sold in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product end up being fixtures attached to the premises of the Purchaser or a third celebration, and if the Seller gets in those premises for the function of recovering ownership of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Carramar .

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration 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 malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) advice, recommendations, information or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Goods, their use and application, are specifically excluded.

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The Seller will 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 Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or obtaining equivalent Product; (d) the payment of the cost of having the Product fixed (Group Training in Tapping WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, price lists and other marketing matter, are planned simply to provide an indicator of the items explained therein and none of these will form part of the contract unless particularly agreed in composing.

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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 might be attached and it must not be defaced eliminated or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Gym in Brabham WA.

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

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred 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 lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Joondalup . Unless specified elsewhere 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 purchaser's account.

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

45. 1 In this stipulation financing statement, funding change declaration, 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 make up a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.