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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Item are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Goods offered in a separate identifiable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

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

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is just valid for problems or failure under correct use and which emerge exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Product, their use and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make good the problem by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Goods; (d) the payment of the expense of having the Item fixed (Personal Training in henley Brook Western Australia).

36. The Purchaser must not return any Goods which the Buyer 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, rate lists and other marketing matter, are intended merely to offer an indicator of the products explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that effect might be attached and it should not be defaced wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Warwick .

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

Agreements and deliveries may 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 occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Greenwood Western Australia. Unless defined in other places it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

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