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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced using the Product are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Item offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the advantageous residential or commercial 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 reality that the Goods end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the items, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall Western Australia.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under correct use and which develop exclusively from malfunctioning design, products or craftsmanship.

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. Except as offered in stipulation 35, all express and implied warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer regarding the Item, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, info or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Product repaired (Nutritionist in Lansdale ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, cost lists and other advertising matter, are meant merely to give an indication of the products explained therein and none of these shall 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 products, an imprint to that impact may be attached and it should not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Darch .

If the Seller has followed a design or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenses of the Seller developing from any violation of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred 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 contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Aveley . Unless specified elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement wherever and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing modification declaration, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.