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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 problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's premises (or the properties of any associated Company or agent where the Product are located) 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 Product are re-sold, or products made utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Product offered in a separate recognizable account as the useful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not affected by the reality that the Item end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of recovering possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Wangara WA.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under appropriate use and which develop entirely from malfunctioning style, products or workmanship.

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. Other than as offered in clause 35, all express and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Item, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (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 workers.

34. If the Item are malfunctioning, the Seller shall make excellent the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Item; (d) the payment of the cost of having the Product repaired (Personal Training in Warwick Western Australia).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) 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 dimensions contained in our catalogues, rate lists and other advertising matter, are meant merely to give an indicator of the goods described therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it should 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 items. Personal Training in Hillarys .

If the Seller has followed a style or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, costs and costs of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, 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 obligation shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wangara . Unless defined somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Client.