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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the facilities of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Goods are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered 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 residential or commercial property in the Product is not affected by the fact that the Item become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Carramar WA.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under correct use and which occur entirely from malfunctioning style, materials or craftsmanship.

Without limiting 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 supplied in clause 35, all express and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their usage and application, are specifically 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 developing out of or in relation to the Product consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make great the defect by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or obtaining equivalent Product; (d) the payment of the cost of having actually the Goods repaired (Personal Training in Wanneroo Western Australia).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other advertising matter, are planned merely to offer an indicator of the products described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that result might be affixed and it should not be ruined eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Gym in Wangara WA.

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Tapping . Unless defined somewhere else it is the buyer's responsibility to get any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this contract any place and to the degree to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification statement, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.