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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser 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 Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the premises of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Product sold in a separate identifiable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the fact that the Item end up being fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the function of recovering belongings of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Carramar Western Australia.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate use and which emerge entirely from malfunctioning design, products or craftsmanship.

Without limiting 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 offered in stipulation 35, all reveal and suggested warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, information or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Goods, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or acquiring equivalent Product; (d) the payment of the cost of having the Product repaired (Gym in Padbury ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially provided 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 included in our brochures, catalog and other marketing matter, are meant merely to offer an indicator of the products described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that impact may be affixed and it needs to not be ruined wiped out or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Training in Carramar Western Australia.

If the Seller has actually followed a style or directions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller arising from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in case 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 trigger beyond our control avoiding or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Wanneroo Western Australia. Unless specified somewhere else it is the purchaser's duty to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of performance of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.