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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 concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating 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 agreement is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Cost and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the facilities of any associated Business or representative where the Item 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 Item are re-sold, or items produced using the Item are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Singara WA.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw 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 acceptance of the goods, and is only valid for defects or failure under correct use and which arise exclusively from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller will make excellent the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable 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 restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or obtaining equivalent Product; (d) the payment of the expense of having actually the Product repaired (Gym in Carramar ).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) 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 included in our catalogues, price lists and other advertising matter, are meant merely to give an indicator of the goods explained therein and none of these will 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 attached and it must not be ruined wiped out or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Gym in The Vines .

If the Seller has followed a design or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any violation of a patent, hallmark, signed up design, 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, signed up style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any agreement, and no duty shall connect 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 warranties whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no provision 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Aveley WA. Unless specified elsewhere it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, frustrated or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, funding modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms constitute a security contract for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.