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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem 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 referring to the concern of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Rate and the cost that would have been the Purchase Rate if the error had not been made.

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

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If the Item are re-sold, or items produced utilizing the Item are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Item offered in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Item become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Padbury Western Australia.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate usage and which emerge entirely from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their use and application, are expressly left out.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller shall make excellent the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the expense of changing the Goods or getting comparable Product; (d) the payment of the cost of having actually the Item repaired (Personal Training in Edgewater Western Australia).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, price lists and other marketing matter, are intended simply to offer an indication of the goods described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it must not be ruined wiped out or removed from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Group Training in Brabham Western Australia.

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed 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 expressly concurred by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Wanneroo Western Australia. Unless specified somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this contract any place and to the extent to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, funding modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Item that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Client.