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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue 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 referring to the concern of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had not been made.

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

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If the Goods are re-sold, or products manufactured utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Goods offered in a different identifiable account as the helpful residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the truth that the Item become fixtures connected to the premises of the Buyer or a third party, and if the Seller enters those facilities for the function of recovering ownership of the items, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Edgewater .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under proper use and which develop exclusively from defective 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. Except as supplied in provision 35, all express and implied warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, setup, products or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its staff members, 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 responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing 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 representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are faulty, the Seller shall make great the problem by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Rate 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 hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or getting comparable Goods; (d) the payment of the cost of having the Item fixed (Personal Training in Edgewater WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially provided 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 measurements contained in our catalogues, rate lists and other marketing matter, are intended merely to offer a sign of the items described therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that effect might be affixed and it must not be ruined wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Marangaroo .

If the Seller has actually followed a style or instructions given by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller arising from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested will 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 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Mullaloo . Unless specified elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the very same is prevented, disappointed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

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