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

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods 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 properties (or the properties of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the advantageous home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Nutritionist in Gnangara .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for problems or failure under appropriate use and which occur solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all express and suggested guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Buyer relating to the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller will make great the defect by doing any among the following at its alternative: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or getting comparable Item; (d) the payment of the cost of having the Item fixed (Personal Training in The Vines ).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are intended simply to give a sign of the goods described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that effect might be affixed and it must not be ruined wiped out or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Gym in Pearsall .

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenses of the Seller arising from any violation of a patent, hallmark, registered design, 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, registered design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied will form part of this agreement unless specifically 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 provision 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 shall be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Padbury . Unless defined in other places it is the purchaser's responsibility to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this agreement any place and to the extent to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms make up a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.