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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue 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 referring to the issue of the Credit Note.

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If the Seller considers the Quotation includes an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually 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 rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Item are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd celebration, and if the Seller enters those premises for the purpose of reclaiming belongings of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Marangaroo .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect 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 acceptance of the items, and is only valid for defects or failure under proper use and which develop solely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all express and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services offered by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Item; (d) the payment of the expense of having the Goods repaired (Group Training in Mullaloo ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, cost lists and other marketing matter, are meant merely to offer an indicator of the goods explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be affixed and it must not be defaced eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Personal Training in Ocean Reef WA.

If the Seller has followed a style or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested 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 expressly agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Greenwood . Unless specified somewhere else it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or duty of efficiency of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, guideline, 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 contract, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.