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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of industrial 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 a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

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

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If the Item are re-sold, or products made using the Product are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the useful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Product become components attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Singara WA.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under proper use and which occur solely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are expressly left out.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, 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 staff members.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Item or getting equivalent Item; (d) the payment of the expense of having the Item fixed (Gym in Joondalup Western Australia).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first 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 dimensions included in our catalogues, rate lists and other advertising matter, are meant merely to give an indication of the products described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it must not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Ocean Reef .

If the Seller has actually followed a design or directions provided by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and costs of the Seller occurring from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or efficiency of any contract, 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, warranties and assurances whatsoever on our part whether revealed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Marangaroo Western Australia. Unless defined in other places it is the purchaser's responsibility to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this agreement any place and to the level to which fulfilment of the exact same is avoided, annoyed 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 provision financing declaration, funding change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.