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25. If the Seller concerns a Credit Note to the Buyer (whether on request 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 problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the properties of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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

30. The Seller's property in the Goods is not affected by the truth that the Product end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Greenwood Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is just valid for problems or failure under correct usage and which develop exclusively from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all reveal and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically excluded.

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The Seller will not be liable 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 Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make excellent the problem by doing any among the following at its alternative: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or getting comparable Product; (d) the payment of the expense of having actually the Item repaired (Personal Training in Aveley ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are planned merely to provide an indication of the items explained therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it should not be defaced eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Joondalup Western Australia.

If the Seller has followed a style or instructions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing 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, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages shall 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 generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Lansdale Western Australia. Unless specified elsewhere it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of efficiency of this contract wherever 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 appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.