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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue 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 concern of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery 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 been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Cost and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Item are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods offered in a separate recognizable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the truth that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of recovering belongings of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Lansdale Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under appropriate use and which emerge solely from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or financial 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 arising as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller shall make great the flaw by doing any one of the following at its option: (a) fixing the Item; or (b) changing the Product; or (c) taking the items 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 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 Goods or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or obtaining comparable Item; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Marangaroo WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) 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 contained in our brochures, catalog and other marketing matter, are meant merely to offer an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result might be attached and it should not be ruined obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Lansdale Western Australia.

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred 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 litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Singara WA. Unless defined in other places it is the buyer's duty to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the exact same is avoided, frustrated or prevented as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Product that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.