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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost 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 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 facilities of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Product offered in a different identifiable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the truth that the Item become components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Wangara Western Australia.

Our liability in respect of any flaw in, or failure of the products 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 assurance period is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under appropriate usage and which occur exclusively from faulty design, products 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. Except as provided in clause 35, all reveal and indicated guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Buyer concerning the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or acquiring equivalent Item; (d) the payment of the expense of having the Item fixed (Personal Trainer in Gnangara ).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered 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 contained in our brochures, cost lists and other marketing matter, are meant merely to offer an indicator of the items described therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact may be attached and it should not be ruined obliterated or removed from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Group Training in Hillarys Western Australia.

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, costs and costs of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Lansdale Western Australia. Unless defined in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.