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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees 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 Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in 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 following rights in relation to the Product till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the premises of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or used in the manufacture of the Goods offered in a separate recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Item end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of recovering possession of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Hillarys Western Australia.

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under appropriate use and which emerge exclusively from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all express and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their use and application, are expressly excluded.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller shall make great the defect by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 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 Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or getting equivalent Product; (d) the payment of the expense of having actually the Item repaired (Group Training in Singara WA).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) 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 dimensions contained in our brochures, rate lists and other marketing matter, are meant simply to provide an indication of the products described therein and none of these will 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 design of the products, an imprint to that impact might be affixed and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Personal Training in Ellenbrook .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or suggested shall 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 agreed by us in writing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in The Vines . Unless defined elsewhere it is the buyer's responsibility to obtain any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the exact same is prevented, annoyed or prevented 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 funding declaration, financing change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Goods that have actually previously been provided which will be provided in the future by FLEX FITNESS Devices to the Client.