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

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If the Seller considers the Quote includes a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

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

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If the Product 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 Item sold or used in the manufacture of the Item sold in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Product end up being fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Woodvale .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which arise entirely from malfunctioning design, 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 buyer. 32. Except as offered in provision 35, all express and suggested guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their usage and application, are expressly excluded.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods 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, installation, or operation of the Item; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any among the following at its option: (a) repairing the Goods; 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 responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or acquiring equivalent Product; (d) the payment of the cost of having actually the Item repaired (Group Training in Darch ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other advertising matter, are planned simply to give a sign of the products explained therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it should not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Ocean Reef WA.

If the Seller has actually followed a style or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and costs of the Seller occurring from any violation of a patent, hallmark, registered 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, registered design, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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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 proper jurisdiction in Australia. 43 - Personal Training in Edgewater WA. Unless defined in other places it is the buyer's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.