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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer 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 Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the premises of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the fact that the Goods become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Aveley WA.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for defects or failure under correct use and which develop solely from faulty style, products or craftsmanship.

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 offered in clause 35, all express and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller shall make good the problem by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or getting comparable Item; (d) the payment of the cost of having actually the Goods fixed (Personal Trainer in Ellenbrook WA).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other marketing matter, are intended simply to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that effect may be affixed and it needs to not be ruined wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Padbury Western Australia.

If the Seller has followed a design or directions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller emerging from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement 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 contract.

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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 appropriate jurisdiction in Australia. 43 - Group Training in Edgewater Western Australia. Unless defined elsewhere it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of efficiency of this contract wherever and to the extent to which fulfilment of the same is avoided, frustrated or prevented as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, financing change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Item that have formerly been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.