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

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement 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 Cost has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Cost if the error had not been made.

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

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If the Goods are re-sold, or items produced utilizing the Item are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Item offered in a different identifiable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Item become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Gnangara .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under correct use and which develop entirely from defective style, products 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 buyer. 32. Other than as provided in stipulation 35, all reveal and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, details or services offered by the Seller, its staff members, servants or agents to the Buyer regarding the Product, their use and application, are expressly excluded.

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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 arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring comparable Product; (d) the payment of the expense of having actually the Goods repaired (Nutritionist in Joondalup ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, rate lists and other advertising matter, are intended simply to offer an indication of the items described therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the items, an imprint to that impact might be attached and it must not be ruined eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Pearsall Western Australia.

If the Seller has actually followed a design or guidelines provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Carramar . Unless defined in other places it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this contract anywhere and to the level to which fulfilment of the exact same is avoided, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, financing modification declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these terms constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.