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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or agent where the Item are located) 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 Product are re-sold, or products manufactured utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Item offered in a separate recognizable account as the advantageous property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not impacted by the truth that the Item become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Ocean Reef Western Australia.

Our liability in regard of any problem in, or failure of the products provided, 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 expense. Our assurance duration is 12 months from the date of approval of the products, and is only legitimate for defects or failure under appropriate use and which arise exclusively from defective style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all express and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Goods, their use and application, are expressly omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller shall make great the flaw by doing any among the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 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 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 obtaining equivalent Goods; (d) the payment of the cost of having the Product repaired (Personal Training in Warwick ).

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 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 measurements included in our catalogues, catalog and other advertising matter, are meant simply to offer an indication of the goods described therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that impact might be attached and it needs to not be defaced eliminated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in Ocean Reef .

If the Seller has followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any violation of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Hillarys . Unless defined somewhere else it is the purchaser's duty to get any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

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

45. 1 In this provision funding declaration, financing modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.