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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue 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 relating to the concern of the Credit Note.

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

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the price that would have been the Purchase Price if the mistake had not been made.

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

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If the Item are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Product offered in a separate recognizable account as the useful 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 Product is not impacted by the fact that the Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Darch Western Australia.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for defects or failure under correct usage and which develop solely from malfunctioning design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all reveal and implied guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Product, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product 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, design, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or getting comparable Goods; (d) the payment of the expense of having the Product fixed (Group Training in Wanneroo Western Australia).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) 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 measurements included in our catalogues, rate lists and other marketing matter, are intended simply to offer a sign of the goods explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that result might be affixed and it should not be ruined eliminated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Training in henley Brook .

If the Seller has followed a style or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, trademark, registered 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 design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, 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 efficiency of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Pearsall Western Australia. Unless defined elsewhere it is the buyer's obligation to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

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

45. 1 In this clause funding statement, financing modification statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have actually formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Client.