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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 concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Item are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods offered in a different recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property 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 goes into those premises for the purpose of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Darch .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under correct usage and which emerge solely from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied 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 comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Goods fixed (Personal Trainer in The Vines WA).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, price lists and other advertising matter, are planned merely to offer an indication 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, signed up designs or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it needs to not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Pearsall Western Australia.

If the Seller has followed a design or directions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties 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 agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Marangaroo . Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing declaration, funding modification statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms constitute a security contract for the purposes of the PPSA and produces a security interest in all Product that have actually previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.