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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 business good 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 Quotation contains an error, such a miscalculation of the Purchase Cost, 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 Product, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the cost 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 Goods up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter 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 items manufactured utilizing the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Product sold in a separate identifiable 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 Goods is not impacted by the fact that the Product become components attached to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the function of recovering possession of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Mullaloo Western Australia.

Our liability in respect of any flaw in, or failure of the items provided, 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 duration is 12 months from the date of acceptance of the products, and is only valid for problems or failure under proper use and which occur entirely from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all express and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or financial 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 occurring as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Goods or acquiring equivalent Product; (d) the payment of the cost of having actually the Item repaired (Personal Training in Ellenbrook WA).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) 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, rate lists and other marketing matter, are intended simply to give a sign of the items described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Trainer in Wangara Western Australia.

If the Seller has actually followed a design or guidelines provided by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, 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 efficiency of any agreement, and no duty will 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 expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed 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 agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Darch . Unless defined elsewhere it is the buyer's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, frustrated or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, financing modification declaration, security arrangement, 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 creates a security interest in all Product that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.