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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller considers that the Purchase Cost has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference 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 following rights in relation to the Item up 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 premises (or the premises of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Item; 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 Goods are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Item offered in a different identifiable account as the useful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the truth that the Goods end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wangara .

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under correct usage and which develop entirely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller shall make great the problem by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or obtaining comparable Item; (d) the payment of the cost of having the Product fixed (Gym in Padbury ).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, price lists and other marketing matter, are intended merely to offer an indicator of the goods explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced obliterated or removed from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Mullaloo .

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Ellenbrook . Unless specified in other places it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of performance of this agreement wherever and to the level to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security arrangement, and security interest has the meaning 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 make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.