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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue 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, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the cost that would have been the Purchase Rate if the error had 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 totally paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Item sold in a separate recognizable 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 home in the Goods is not impacted by the fact that the Item end up being fixtures connected to the facilities of the Purchaser or a third party, and if the Seller enters those properties for the purpose of reclaiming ownership of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ocean Reef .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under correct usage and which develop exclusively from defective style, products or workmanship.

Without restricting 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 stipulation 35, all express and implied guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller shall make great the defect by doing any among the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Product; (d) the payment of the cost of having the Product repaired (Nutritionist in Greenwood WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given 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 measurements consisted of in our catalogues, catalog and other marketing matter, are planned merely to give a sign of the items explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that result might be affixed and it must not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Nutritionist in Lansdale .

If the Seller has followed a design or directions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller occurring from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common 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 disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Darch WA. Unless defined somewhere else it is the purchaser's duty to acquire any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, frustrated or prevented as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have actually formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.