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

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the facilities of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing price of the Item offered or utilized in the manufacture of the Product sold in a separate identifiable account as the helpful home 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 Item become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Aveley .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under appropriate usage and which emerge entirely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or agents to the Buyer regarding the Product, their usage and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Product are malfunctioning, the Seller shall make excellent the problem by doing any among the following at its choice: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or obtaining equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Personal Training in Marangaroo ).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) 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 measurements consisted of in our brochures, rate lists and other advertising matter, are intended merely to give an indication of the items described therein and none of these shall form part of the agreement 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 items, an imprint to that effect might be affixed and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Nutritionist in Wangara .

If the Seller has followed a design or instructions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Ocean Reef Western Australia. Unless defined in other places it is the purchaser's obligation to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.