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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Item are re-sold, or items produced utilizing the Product are sold by the Buyer, the Buyer 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 beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Item end up being components attached 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 sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Singara .

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under proper use and which emerge exclusively from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied 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 physical fitness of the Product for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their use and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products 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 service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Product or getting equivalent Product; (d) the payment of the expense of having actually the Goods fixed (Personal Training in Gnangara Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, cost lists and other marketing matter, are planned simply to give an indicator of the items described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that result may be affixed and it needs to not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Training in Sorrento .

If the Seller has actually followed a design or instructions given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the event 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 cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation shall 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 expressed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Sorrento . Unless specified somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the very same is prevented, disappointed or hindered as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing modification statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.