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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business 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 considers the Quotation contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Rate 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 Product; (b) to enter the Purchaser's facilities (or the facilities of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Item; 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 produced using the Goods are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Product offered in a different identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Item become fixtures connected to the premises of the Purchaser or a 3rd celebration, and if the Seller enters those facilities for the function of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Edgewater .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under proper use and which arise exclusively from defective style, 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 purchaser. 32. Other than as offered in clause 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, details or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their use and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are malfunctioning, the Seller shall make good the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or getting comparable Item; (d) the payment of the expense of having the Item fixed (Group Training in Padbury WA).

36. The Buyer must not return any Goods 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 must 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 advertising matter, are meant simply to offer an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that impact may be affixed and it needs to not be defaced eliminated or removed from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Darch Western Australia.

If the Seller has followed a style or instructions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller arising from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Wanneroo . Unless specified elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this contract wherever and to the degree to which fulfilment of the very same is prevented, disappointed or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, funding change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.