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

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's facilities (or the premises of any associated Company 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 Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Product offered in a different recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the truth that the Goods become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Aveley Western Australia.

Our liability in regard of any problem in, or failure of the products 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 expense. Our warranty period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under proper use and which occur exclusively from malfunctioning 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 purchaser. 32. Except as provided in stipulation 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make good the defect by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or obtaining equivalent Product; (d) the payment of the expense of having actually the Item fixed (Gym in Ocean Reef Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, rate lists and other advertising matter, are meant merely to provide an indication of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that result might be affixed and it must not be defaced wiped out or removed from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Carramar WA.

If the Seller has actually followed a style or instructions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller arising from any violation of a patent, hallmark, registered style, copyright or common 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 design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, 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 duty 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 assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Tapping WA. Unless defined elsewhere it is the purchaser's duty to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, funding 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 writing the Client acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.