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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 Buyer concurs that the issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Item, 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 actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Cost and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the premises of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to seize 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 products made utilizing 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 utilized in the manufacture of the Goods offered in a different identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the truth that the Product end up being components connected to the premises of the Purchaser or a 3rd celebration, and if the Seller enters those premises for the purpose of reclaiming ownership of the items, and incurs any liability to any individual 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 items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate use and which emerge entirely from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all reveal and implied service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or workmanship; or (c) advice, recommendations, information or services provided by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are expressly excluded.

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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 Goods including loss or damage emerging 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 Product; or (c) the advice, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make good the defect by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods 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 indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or acquiring equivalent Item; (d) the payment of the cost of having actually the Item fixed (Personal Training in henley Brook WA).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote 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 measurements contained in our brochures, catalog and other advertising matter, are meant simply to offer a sign of the products described therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that impact may be affixed and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Training in The Vines Western Australia.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Darch Western Australia. Unless defined elsewhere it is the purchaser's duty to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the very same is avoided, annoyed or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, financing modification statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.