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

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

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the properties of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to acquire 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 manufactured utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods sold in a separate identifiable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering ownership of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Warwick .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only valid for problems or failure under appropriate use and which develop entirely from faulty style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all reveal and implied warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Purchaser concerning the Product, their usage and application, are specifically excluded.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods 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 Goods; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any one of the following at its alternative: (a) repairing the Item; or (b) changing the Product; or (c) taking the products 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 warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or acquiring equivalent Product; (d) the payment of the cost of having actually the Item fixed (Personal Training in Ocean Reef WA).

36. The Purchaser must not return any Item 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, rate lists and other advertising matter, are intended simply to give an indication of the products 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, registered designs or copyright functions are embodied in the style of the items, an imprint to that impact may be affixed and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Gym in Ocean Reef .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless expressly stated 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 proper jurisdiction in Australia. 43 - Personal Trainer in Aveley Western Australia. Unless specified somewhere else it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is prevented, annoyed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, financing modification declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Goods that have formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.