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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial 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 considers the Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Cost if the error had actually not been made.

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

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If the Goods are re-sold, or products made utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Goods sold in a separate identifiable account as the helpful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the reality that the Goods become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering belongings of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Padbury WA.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under proper usage and which emerge entirely from defective style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their use and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller will make excellent the defect by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated 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 Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or acquiring equivalent Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Carramar ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, price lists and other advertising matter, are meant merely to give an indication of the items explained therein and none of these shall form part of the agreement unless specifically concurred 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 impact might be affixed and it must not be defaced eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Gym in Wanneroo Western Australia.

If the Seller has actually followed a design or directions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, 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, warranties and assurances 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 agreed by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Carramar . Unless defined somewhere else it is the purchaser's duty to get any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, annoyed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification declaration, security agreement, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Product that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.