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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business good 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 thinks about the Quote contains a mistake, such a mistake of the Purchase Cost, 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 Goods, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Price and the rate that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the properties of any associated Company or representative where the Product lie) 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 Item are re-sold, or products made using the Goods are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Product offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Product end up being fixtures connected to the facilities of the Buyer or a third celebration, and if the Seller enters those facilities for the function of reclaiming belongings of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Hillarys Western Australia.

Our liability in respect of any defect in, or failure of the products provided, 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 cost. Our assurance duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate use and which occur exclusively from malfunctioning design, materials or workmanship.

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. Other than as provided in stipulation 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, info or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their use and application, are specifically left out.

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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 emerging out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 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 Goods or obtaining equivalent Goods; (d) the payment of the expense of having actually the Product fixed (Nutritionist in The Vines ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other marketing matter, are intended merely to offer an indicator 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 functions are embodied in the design of the goods, an imprint to that result may be affixed and it needs to not be ruined obliterated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Carramar Western Australia.

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller developing from any violation 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 style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Ocean Reef . Unless specified in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement any place and to the extent to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, financing modification statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.