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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 Buyer agrees that the concern of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of 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 Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Rate and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer'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 seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Item sold in a different identifiable account as the useful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Goods end up being fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Lansdale WA.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate use and which occur exclusively from defective design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their usage and application, are specifically omitted.

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The Seller will not be responsible to the Buyer 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 consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are faulty, the Seller shall make excellent the flaw by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Item or getting comparable Item; (d) the payment of the cost of having actually the Item fixed (Group Training in Mullaloo WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) 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 contained in our catalogues, cost lists and other marketing matter, are intended merely to give a sign of the items described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that impact might be affixed and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Training in Sorrento .

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger 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 hold-up due to any of the forgoing causes.

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

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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 appropriate jurisdiction in Australia. 43 - Personal Trainer in Edgewater WA. Unless specified somewhere else it is the buyer's duty 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 performance of this agreement wherever and to the level to which fulfilment of the exact same is prevented, frustrated or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change statement, security contract, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have formerly been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.