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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required 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, as needed, the difference between the Purchase Cost and the price that would have been the Purchase Price if the mistake had not been made.

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

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If the Goods are re-sold, or products manufactured utilizing the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Item sold in a separate identifiable account as the helpful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product end up being components connected to the facilities of the Buyer or a third party, and if the Seller enters those facilities for the purpose of recovering belongings of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Edgewater WA.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under correct use and which occur solely from malfunctioning design, materials or craftsmanship.

Without restricting 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 supplied in clause 35, all express and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are expressly left out.

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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 occurring out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Item fixed (Gym in Tapping Western Australia).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, price lists and other advertising matter, are intended simply to offer a sign of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the items, an imprint to that impact might be attached and it should not be ruined wiped out or eliminated from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in The Vines Western Australia.

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed 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 agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Pearsall Western Australia. Unless specified somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, frustrated or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.