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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial 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 consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Item are re-sold, or items produced utilizing the Goods are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Gnangara WA.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for defects or failure under correct use and which emerge entirely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and implied guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, details or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Item, their usage and application, are specifically omitted.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining comparable Product; (d) the payment of the cost of having the Item fixed (Gym in Padbury ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other advertising matter, are meant merely to offer a sign of the items described therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be ruined obliterated or eliminated from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Group Training in Mullaloo .

If the Seller has followed a style or guidelines given by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or guideline given by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees 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 agreed by us in writing and unless specifically agreed by us in composing 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 generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Greenwood WA. Unless specified in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the exact same is avoided, frustrated or impeded 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 clause funding statement, funding modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms constitute a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.