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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser 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 Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in 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 until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the premises of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Product offered in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Greenwood .

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under correct use and which occur exclusively from malfunctioning 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 buyer. 32. Other than as provided in clause 35, all express and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, info or services offered by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) changing the Item; or (c) taking the goods 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 Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Item or obtaining comparable Item; (d) the payment of the expense of having actually the Goods repaired (Group Training in Brabham ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other marketing matter, are meant merely to give an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the products, an imprint to that effect may be affixed and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Gym in Lansdale WA.

If the Seller has actually followed a design or directions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller arising from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion 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 preventing or delaying the execution or performance of any contract, 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, warranties and assurances whatsoever on our part whether expressed or indicated will form part of this agreement 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 composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Woodvale WA. Unless specified in other places it is the purchaser's duty to obtain any permits and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will 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 avoided, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, funding change statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these terms make up a security agreement for the functions of the PPSA and creates a security interest in all Item that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.