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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 Purchaser concurs that the issue 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 relating to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Goods are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Item offered in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wanneroo Western Australia.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is only valid for problems or failure under proper use and which emerge exclusively from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Goods, their use and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make good the problem by doing any among the following at its choice: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Mullaloo Western Australia).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, price lists and other advertising matter, are intended simply to provide an indicator of the goods explained therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result may be affixed and it needs to not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Aveley Western Australia.

If the Seller has actually followed a style or directions given by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and costs of the Seller arising from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

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

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested shall 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 specifically concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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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 proper jurisdiction in Australia. 43 - Personal Training in Edgewater Western Australia. Unless defined somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this agreement any place and to the extent to which fulfilment of the very same is prevented, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.