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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business great 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 Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Cost and the price that would have been the Purchase Price 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 completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Goods offered in a different identifiable account as the useful residential or commercial property of the Seller and will 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 truth that the Product become fixtures connected to the facilities of the Buyer or a third celebration, and if the Seller enters those premises for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Mullaloo Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate use and which arise exclusively from malfunctioning design, 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 clause 35, all express and suggested guarantees, 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) design, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, info or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Item, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller will make good the defect by doing any among the following at its choice: (a) repairing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having the Product fixed (Group Training in Wangara Western Australia).

36. The Purchaser should not return any Product which the Buyer 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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, price lists and other marketing matter, are intended merely to offer a sign of the items explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Ellenbrook Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying 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 giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Brabham . Unless defined somewhere else it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing change declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.