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

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the facilities of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Item; 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 made utilizing the Product are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Item sold or used in the manufacture of the Product offered 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 request.

30. The Seller's property in the Item is not impacted by the fact that the Item become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming ownership of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Joondalup .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under proper usage and which arise exclusively from defective style, products or workmanship.

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 supplied in stipulation 35, all reveal and implied guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or agents 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 Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller will make excellent the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

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

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, price lists and other advertising matter, are meant simply to provide an indicator of the products described therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be affixed and it needs to not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Gym in Wanneroo .

If the Seller has followed a style or instructions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and costs of the Seller developing from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility 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 guarantees whatsoever on our part whether expressed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Ocean Reef . Unless defined somewhere else it is the buyer's responsibility to get any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, funding change declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.