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

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If the Seller thinks about the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Rate and the rate that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the facilities of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; 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 made utilizing the Product are sold by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Mullaloo .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under appropriate usage and which arise exclusively from malfunctioning style, products or workmanship.

Without restricting 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 offered in clause 35, all express and indicated warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or obtaining comparable Product; (d) the payment of the cost of having the Goods fixed (Group Training in Ocean Reef ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other marketing matter, are planned simply to offer a sign of the goods explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that effect might be attached and it must not be ruined eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Gym in Padbury Western Australia.

If the Seller has followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, costs and costs of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, 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 duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in The Vines Western Australia. Unless specified in other places it is the buyer's duty to acquire any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing modification declaration, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.