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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 Purchaser agrees that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Item; 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 manufactured utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Product sold in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Tapping WA.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under appropriate use and which develop solely from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all reveal and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, recommendations, info or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Item; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Ellenbrook ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, price lists and other advertising matter, are intended simply to offer a sign of the items explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect may be affixed and it must not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Carramar WA.

If the Seller has followed a style or instructions offered by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall 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 assurances whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages will form part of the contract.

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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 appropriate jurisdiction in Australia. 43 - Group Training in Sorrento WA. Unless specified in other places it is the buyer's obligation to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

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

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