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

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

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

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the premises of any associated Company 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 Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Goods are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods offered or used in the manufacture of the Item offered in a separate recognizable account as the helpful 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 Item is not affected by the fact that the Product end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of reclaiming possession of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Mullaloo .

Our liability in respect of any flaw 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 problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under proper usage and which develop solely from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all express and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Buyer relating to the Product, their usage and application, are expressly omitted.

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The Seller will not be liable 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 Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty indicated 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 Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or obtaining comparable Item; (d) the payment of the expense of having the Product fixed (Nutritionist in Ellenbrook Western Australia).

36. The Buyer needs to 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 (composed) 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 measurements included in our brochures, catalog and other advertising matter, are intended simply to offer an indication of the products 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 designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it needs to not be ruined obliterated or removed from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Group Training in Hillarys Western Australia.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility will connect 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 revealed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no arrangement for liquidated damages will 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 Edgewater Western Australia. Unless specified in other places it is the purchaser's duty to acquire any permits and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of performance of this contract any place and to the extent to which fulfilment of the same is avoided, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, 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 composing the Client acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.