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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the cost that would have been the Purchase Price if the error had 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 totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the facilities of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; 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 manufactured using the Product are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Goods offered in a separate identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Goods become components 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 goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Edgewater .

Our liability in regard of any problem in, or failure of the products provided, 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 assurance duration is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under appropriate usage and which occur exclusively from faulty design, products or craftsmanship.

Without limiting 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 supplied in stipulation 35, all express and indicated warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Goods, their use and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make great the defect by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually 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 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the cost of having the Item repaired (Gym in Marangaroo Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other advertising matter, are intended simply to offer an indication of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up 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 defaced eliminated or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Greenwood .

If the Seller has actually followed a design or instructions given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, hallmark, signed up 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, registered style, hallmark, copyright or common law right.

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly set forth 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 contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in The Vines Western Australia. Unless specified somewhere else it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this agreement wherever and to the level to which fulfilment of the very same is avoided, frustrated or prevented as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

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