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

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the premises of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Item; 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 using the Goods are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Goods sold in a separate identifiable account as the advantageous home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering ownership of the products, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Pearsall Western Australia.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under appropriate usage and which emerge solely from malfunctioning style, materials 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 buyer. 32. Except as offered in provision 35, all reveal and implied service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their use and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or getting comparable Item; (d) the payment of the cost of having the Item repaired (Gym in Joondalup ).

36. The Purchaser should not return any Goods 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 should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, price lists and other marketing matter, are planned simply to offer an indicator of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that impact might be attached and it needs to not be defaced wiped out or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Gym in Ellenbrook WA.

If the Seller has followed a design or instructions offered by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall 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 suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing 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 will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Brabham Western Australia. Unless defined somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and produces 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 Customer.