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25. If the Seller concerns a Credit Note to the Buyer (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 business excellent 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 includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference 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 following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced using the Goods are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or used in the manufacture of the Goods offered in a separate recognizable account as the useful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Product end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Greenwood Western Australia.

Our liability in respect 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 good the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is just valid for problems or failure under correct use and which occur solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and suggested warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, their use and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary 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 emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or obtaining equivalent Product; (d) the payment of the expense of having actually the Goods repaired (Group Training in The Vines Western Australia).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first 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 dimensions included in our brochures, rate lists and other marketing matter, are intended simply to give an indicator of the items described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it should not be ruined obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Ocean Reef WA.

If the Seller has followed a design or instructions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or direction given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically 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 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 suitable jurisdiction in Australia. 43 - Personal Training in Brabham WA. Unless specified somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of efficiency of this contract wherever and to the level to which fulfilment of the exact same is avoided, frustrated or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.