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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 Buyer concurs that the concern of the Credit Note is an act of industrial great 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 considers the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the price that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Item; 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 manufactured using the Goods are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Item become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Edgewater Western Australia.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the products, and is only valid for defects or failure under appropriate usage and which develop exclusively from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, information or services offered by the Seller, its workers, 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 liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested 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 Product or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Product fixed (Group Training in Wanneroo ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given 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 measurements included in our catalogues, cost lists and other advertising matter, are intended merely to offer a sign of the products described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that impact might be affixed and it needs to not be ruined obliterated or removed from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Padbury Western Australia.

If the Seller has followed a design or instructions given by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and costs of the Seller arising from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall connect 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 revealed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in henley Brook . Unless specified somewhere else it is the buyer's responsibility to get any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the very same is prevented, frustrated or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions make up a security agreement for the purposes of the PPSA and develops 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.