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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 agrees that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price 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 Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the premises of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Product are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Goods offered in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Goods end up being components attached to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering possession of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Woodvale Western Australia.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the items, and is only valid for problems or failure under correct usage and which emerge solely from malfunctioning design, materials or workmanship.

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. Other than as provided in provision 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its workers, servants or agents to the Buyer relating to the Product, their use and application, are expressly left out.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make good the flaw by doing any one of the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products 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 warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or getting comparable Goods; (d) the payment of the expense of having actually the Goods repaired (Gym in Hillarys WA).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, rate lists and other advertising matter, are meant simply to provide an indication 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 functions are embodied in the style of the goods, an imprint to that result may be attached and it needs to not be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Group Training in Hillarys .

If the Seller has followed a design or instructions offered by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance 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 assurances whatsoever on our part whether revealed or implied will form part of this contract 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 writing 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 suitable jurisdiction in Australia. 43 - Personal Trainer in Mullaloo WA. Unless defined somewhere else it is the buyer's responsibility to obtain any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this contract wherever and to the level to which fulfilment of the very same is prevented, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing change statement, 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 writing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.