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

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Product 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 Purchaser's facilities (or the properties of any associated Company or agent where the Product are located) 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 Product are re-sold, or items made using the Product are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Goods offered in a separate identifiable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the fact that the Goods end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming possession of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Edgewater .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under proper use and which arise exclusively from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all express and suggested warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, their use and application, are expressly excluded.

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The Seller will 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 Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make great the problem by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually 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 (besides Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or acquiring equivalent Product; (d) the payment of the expense of having actually the Goods repaired (Nutritionist in Mullaloo Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, price lists and other marketing matter, are intended merely to offer a sign of the items explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it needs to not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in Brabham Western Australia.

If the Seller has followed a design or guidelines provided by the Buyer, the Purchaser 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 common law right. The Purchaser on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, 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 hold-up due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wangara Western Australia. Unless defined in other places it is the buyer's responsibility to acquire any permits and approvals. Where any expenses 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 wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or prevented 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 stipulation funding statement, funding modification statement, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.