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

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If the Seller considers the Quotation contains an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the premises of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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

30. The Seller's home in the Goods is not affected by the fact that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Joondalup .

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for defects or failure under correct usage and which develop solely from defective style, products or workmanship.

Without limiting 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 offered in stipulation 35, all express and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly excluded.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller will make great the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Goods; 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 guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Goods; (d) the payment of the expense of having actually the Goods repaired (Personal Trainer in Hillarys ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return needs to 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, rate lists and other advertising matter, are meant merely to give an indicator of the items described 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 functions are embodied in the style of the products, an imprint to that effect may be affixed and it must not be ruined eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Gym in Singara .

If the Seller has followed a design or directions given by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall 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 assurances whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Pearsall WA. Unless specified somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, frustrated or prevented as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.