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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer 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 Quote consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Cost and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the premises of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured utilizing the Item are offered by the Purchaser, 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 Item sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Product end up being components connected to the facilities of the Buyer or a third celebration, and if the Seller gets in those premises for the purpose of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Ellenbrook WA.

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 great the problem or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is only valid for defects or failure under appropriate usage and which occur solely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all express and indicated warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their use and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or getting comparable Goods; (d) the payment of the cost of having the Product repaired (Personal Trainer in Greenwood ).

36. The Buyer should not return any Item which the Buyer 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 needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other marketing matter, are meant merely to give an indication of the goods described therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that result may be affixed and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Group Training in Ocean Reef Western Australia.

If the Seller has followed a design or directions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller emerging from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will 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 brought in the Court of proper jurisdiction in Australia. 43 - Gym in Ocean Reef WA. Unless specified in other places it is the buyer's duty to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded 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 financing declaration, financing modification statement, security contract, 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 concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.