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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business good 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 thinks about the Quote consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the properties of any associated Business or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Item are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Item offered in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Goods end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Carramar .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our guarantee 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 exclusively from malfunctioning design, materials or craftsmanship.

Without limiting 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 supplied in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer regarding the Item, their usage 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 Item 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, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited 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 expense of replacing the Product or obtaining equivalent Goods; (d) the payment of the expense of having actually the Product repaired (Personal Trainer in Wangara Western Australia).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) 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 dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to provide an indicator of the goods explained therein and none of these shall form part of the agreement unless particularly agreed 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 must not be ruined eliminated or removed from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Gym in Marangaroo WA.

If the Seller has followed a style or directions provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any contract, 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, service warranties and guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed 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 generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless defined somewhere else it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the exact same is prevented, disappointed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, financing modification statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.