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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer 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 a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the rate 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 Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the facilities of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products made using the Goods are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Item sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the truth that the Item become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming belongings of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in henley Brook WA.

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 restricted to making good the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate use and which occur solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all reveal and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, installation, products or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their usage and application, are specifically left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its choice: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Product repaired (Gym in Joondalup Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) 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 dimensions included in our catalogues, catalog and other advertising matter, are planned simply to provide an indication of the products described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it must not be ruined wiped out or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Woodvale WA.

If the Seller has actually followed a style or instructions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller occurring from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no provision for liquidated damages will 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 - Gym in Brabham . Unless defined somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this contract any place and to the extent to which fulfilment of the exact same is prevented, disappointed or impeded as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.