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

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Cost if the error had not been made.

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

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If the Item are re-sold, or products manufactured using the Item are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Goods offered in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Goods become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Tapping .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the products, and is only valid for flaws or failure under appropriate use and which arise exclusively from defective design, products 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. Other than as supplied in clause 35, all express and indicated guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested 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 Item or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of changing the Goods or acquiring comparable Item; (d) the payment of the cost of having the Product fixed (Personal Trainer in Joondalup Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) 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 dimensions consisted of in our catalogues, rate lists and other marketing matter, are intended simply to give a sign of the goods explained therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact may be attached and it must not be defaced wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Sorrento .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Hillarys . Unless defined in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of efficiency of this agreement wherever and to the level to which fulfilment of the same is avoided, frustrated or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, financing modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms constitute a security contract for the purposes of the PPSA and creates a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.