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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 industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

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

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the premises of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured using the Item are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Product offered or used in the manufacture of the Goods offered in a different identifiable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Singara WA.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct usage and which develop exclusively from malfunctioning design, materials or workmanship.

Without restricting 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 supplied in stipulation 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having the Goods fixed (Gym in Aveley Western Australia).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, price lists and other advertising matter, are planned simply to provide an indicator of the goods 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 styles or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Hillarys .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenses of the Seller developing from any infringement of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this agreement unless specifically 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 contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Gnangara . Unless defined in other places it is the buyer's duty to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of efficiency of this contract anywhere and to the degree to which fulfilment of the same is prevented, disappointed or prevented 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 funding declaration, financing modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Goods that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.