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

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If the Seller thinks about the Quotation contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured using the Item are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Goods become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Edgewater .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct use and which occur solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Product, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Price 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 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or obtaining comparable Item; (d) the payment of the expense of having actually the Goods repaired (Personal Training in Pearsall Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other advertising matter, are intended simply to give an indicator of the products explained therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it should not be defaced wiped out or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in Sorrento .

If the Seller has followed a design or guidelines given by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered style, trademark, 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, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied will 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 specifically agreed 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 lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Greenwood Western Australia. Unless defined in other places it is the purchaser's obligation to obtain any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, funding modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.