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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 agrees that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the properties of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item 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 will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Item offered in a separate recognizable account as the beneficial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the truth that the Item end up being components connected to the premises of the Purchaser or a third celebration, and if the Seller gets in those properties for the purpose of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Woodvale Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the products, and is only legitimate for defects or failure under correct usage and which occur solely from defective design, materials 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 offered in provision 35, all express and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, products or workmanship; or (c) guidance, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their use and application, are expressly omitted.

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The Seller will not be accountable to the Buyer for physical or monetary 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 agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller shall make great the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Price 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 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or getting equivalent Product; (d) the payment of the expense of having the Product fixed (Group Training in Mullaloo ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, cost lists and other advertising matter, are planned simply to provide an indicator of the goods explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Nutritionist in Warwick .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Tapping . Unless specified in other places it is the buyer's duty to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

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

45. 1 In this clause funding statement, financing modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have actually formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.