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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser 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 includes a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the error had actually not been made.

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

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If the Item are re-sold, or items manufactured utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Product offered in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Item become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those premises 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 versus that liability. Group Training in Edgewater Western Australia.

Our liability in regard 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 expense. Our guarantee period is 12 months from the date of approval of the items, and is just legitimate for flaws or failure under proper use and which emerge exclusively from malfunctioning design, 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 provision 35, all reveal and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Goods, their use and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Product 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 Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Item; (d) the payment of the cost of having the Item repaired (Personal Training in Hillarys ).

36. The Purchaser should 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 must 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 marketing matter, are meant simply to give a sign of the products described therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it needs to not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Training in Marangaroo Western Australia.

If the Seller has followed a style or instructions offered by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, costs and costs of the Seller developing from any violation of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Carramar Western Australia. Unless specified in other places it is the buyer's responsibility to obtain any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.