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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 Purchaser agrees 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 Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quote consists of a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Rate 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 Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the facilities of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made utilizing the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Item sold in a separate identifiable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not affected by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Marangaroo Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper usage and which arise entirely from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and suggested warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Buyer concerning the Item, their use and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, information or services provided by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or getting equivalent Goods; (d) the payment of the expense of having actually the Product fixed (Group Training in Mullaloo WA).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) 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 measurements included in our catalogues, catalog and other marketing matter, are meant merely to give an indicator of the goods explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it must not be defaced eliminated or removed from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Training in henley Brook .

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

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Tapping . Unless defined somewhere else it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this contract anywhere and to the degree to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing declaration, funding modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.