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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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

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

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's premises (or the properties of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to seize 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 made using the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Product offered in a different recognizable account as the advantageous property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Tapping Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the items, and is only legitimate for defects or failure under appropriate usage and which emerge solely from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and implied guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or getting equivalent Item; (d) the payment of the cost of having actually the Product repaired (Gym in Sorrento ).

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 first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are planned simply to give an indicator of the items explained therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that result might be attached and it should not be defaced wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Marangaroo .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ellenbrook WA. Unless specified somewhere else it is the purchaser's obligation to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.