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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial excellent 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 thinks about the Quote includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually not been made.

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

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If the Product are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Product sold in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Product become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of reclaiming ownership of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Carramar Western Australia.

Our liability in regard of any flaw in, or failure of the goods 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 guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct usage and which occur entirely from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all reveal and implied warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, info or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are specifically 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 developing 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, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Item are faulty, the Seller will make good the defect by doing any among the following at its option: (a) repairing the Item; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Greenwood Western Australia).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are intended simply to give a sign of the products explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it should not be defaced eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Gnangara .

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Singara Western Australia. Unless specified elsewhere it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the same is avoided, annoyed or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.