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

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error had not been made.

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

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If the Goods are re-sold, or items produced using the Product are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods offered in a separate recognizable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering belongings of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Brabham WA.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just valid for defects or failure under proper usage and which develop solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the problem by doing any among the following at its option: (a) fixing the Product; 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 responsible for a breach of a condition or service warranty indicated 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 Product or supply of equivalent Product, or (b) the repair work 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 actually the Product repaired (Group Training in henley Brook WA).

36. The Buyer must not return any Item 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 Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, rate lists and other advertising matter, are meant simply to offer an indication of the products described therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it must not be ruined wiped out or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Singara Western Australia.

If the Seller has followed a design or instructions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Gym in Mullaloo WA. Unless defined somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this contract wherever and to the degree to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Product that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.