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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Rate and the cost 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 Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the properties of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Goods offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Goods become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Brabham .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under appropriate usage and which arise solely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually 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 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or getting comparable Product; (d) the payment of the expense of having actually the Product fixed (Personal Trainer in Woodvale Western Australia).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, cost lists and other marketing matter, are intended simply to give an indicator of the goods explained 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 features are embodied in the style of the items, an imprint to that result may be attached and it should not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Group Training in Padbury WA.

If the Seller has actually followed a design or directions provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement 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 proper jurisdiction in Australia. 43 - Group Training in Pearsall . Unless specified in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of performance of this contract anywhere and to the extent to which fulfilment of the exact same is prevented, disappointed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, funding change statement, security agreement, 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 concurs that these terms and conditions constitute a security arrangement for the functions of the PPSA and creates a security interest in all Item that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.