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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial excellent 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 thinks about the Quotation contains a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has 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 price that would have been the Purchase Price if the error had actually 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 Item; (b) to enter the Buyer's premises (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced using the Goods are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Product become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Aveley WA.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own expense. Our warranty period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under correct use and which occur solely from faulty design, materials 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 buyer. 32. Other than as provided in provision 35, all reveal and indicated service warranties, warranties 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, materials or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, details or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or acquiring comparable Goods; (d) the payment of the expense of having the Goods fixed (Personal Trainer in Warwick ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other marketing matter, are planned simply to provide an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it needs to not be ruined eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Group Training in Padbury Western Australia.

If the Seller has followed a design or instructions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Mullaloo Western Australia. Unless defined somewhere else it is the purchaser's duty to acquire any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the same is prevented, frustrated or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

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