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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining 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 may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Rate 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 Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Company or agent where the Goods 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 Goods are re-sold, or products produced utilizing the Goods are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Item offered in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the truth that the Goods become fixtures attached to the properties of the Buyer or a third party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Wanneroo Western Australia.

Our liability in regard of any problem in, or failure of the items supplied, 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 assurance duration is 12 months from the date of approval of the items, and is just legitimate for flaws or failure under correct use and which occur exclusively from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all reveal and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 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 Product or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Item repaired (Gym in Woodvale WA).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, rate lists and other marketing matter, are intended simply to give a sign of the items explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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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 effect might be attached and it needs to not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Training in Lansdale Western Australia.

If the Seller has actually followed a style or guidelines provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger 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, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages shall 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 suitable jurisdiction in Australia. 43 - Group Training in Mullaloo . Unless specified elsewhere it is the buyer's duty to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.