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25. If the Seller concerns a Credit Note to the Purchaser (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 commercial excellent 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 thinks about the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the rate that would have been the Purchase Rate if the error 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 Goods; (b) to go into the Purchaser's facilities (or the facilities of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to take ownership of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Product are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Item sold in a different identifiable account as the helpful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Item end up being fixtures attached to the premises of the Buyer or a third party, and if the Seller gets in those facilities for the purpose of reclaiming ownership of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Woodvale .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only legitimate for problems or failure under correct usage and which develop entirely from faulty design, materials or craftsmanship.

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. Except as supplied in clause 35, all express and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their use and application, are specifically omitted.

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The Seller will not be responsible 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 Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Item; 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 responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring comparable Product; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Mullaloo WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, price lists and other marketing matter, are planned simply to give an indicator of the items explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it should not be defaced eliminated or removed from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Wanneroo Western Australia.

If the Seller has actually followed a design or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and expenses of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, 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 guarantees 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 composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Mullaloo Western Australia. Unless specified in other places it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is prevented, disappointed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, financing change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.