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25. If the Seller concerns a Credit Note to the Purchaser (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 commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, 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 mistake had 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 Goods; (b) to get in the Purchaser's facilities (or the premises of any associated Business or agent where the Item are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Item sold in a different recognizable account as the beneficial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods become fixtures connected to the properties of the Buyer or a third party, and if the Seller goes into those facilities for the purpose of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Lansdale .

Our liability in respect of any defect in, or failure of the items 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 cost. Our warranty period is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under proper use and which develop solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller shall make excellent the flaw by doing any one of the following at its option: (a) repairing the Goods; 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 accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the expense of having the Goods repaired (Personal Training in Pearsall ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are planned simply to provide an indication of the goods described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that effect might be affixed and it should not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Gym in Darch Western Australia.

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

Agreements and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any contract, and no duty will 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 warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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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 suitable jurisdiction in Australia. 43 - Personal Training in Joondalup . Unless specified elsewhere it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is prevented, frustrated or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, funding change declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Product that have actually previously been provided which will be provided in the future by FLEX FITNESS Devices to the Client.