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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the facilities of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of 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 products produced using the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Product offered in a separate identifiable account as the helpful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Woodvale Western Australia.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under appropriate usage and which develop solely from malfunctioning design, 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 purchaser. 32. Except as provided in clause 35, all express and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly excluded.

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The Seller shall not be liable 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 Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller shall make excellent the defect by doing any one of the following at its choice: (a) repairing the Item; or (b) replacing the Item; or (c) taking the goods 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 guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or getting equivalent Item; (d) the payment of the cost of having the Product fixed (Personal Trainer in Brabham ).

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 initially 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 contained in our brochures, catalog and other marketing matter, are meant merely to provide a sign of the products described therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the items, an imprint to that result may be attached and it should not be ruined wiped out or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Personal Training in Gnangara WA.

If the Seller has followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller emerging from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement 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 generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Joondalup . Unless specified elsewhere it is the buyer's obligation to obtain any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of performance of this contract anywhere and to the extent to which fulfilment of the very same is avoided, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.