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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 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 relating to the problem of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product readily available 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 Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the error had actually not been made.

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

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If the Item are re-sold, or products manufactured using the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Item end up being fixtures attached to the facilities of the Purchaser or a third party, and if the Seller enters those premises for the function of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Carramar Western Australia.

Our liability in regard 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 approval of the items, and is just valid for problems or failure under proper usage and which occur exclusively from defective design, products or craftsmanship.

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

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller shall make great the flaw by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of changing the Goods or obtaining equivalent Item; (d) the payment of the expense of having actually the Item fixed (Gym in Edgewater ).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quotation 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 Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other advertising matter, are intended simply to offer a sign of the goods explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that result may be attached and it must not be defaced obliterated or removed from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Wangara WA.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages shall 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 proper jurisdiction in Australia. 43 - Personal Trainer in Lansdale Western Australia. Unless specified elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of performance of this agreement wherever and to the level to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding modification declaration, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.