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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial 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 Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Rate and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the properties of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product 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 rate of the Product sold or used in the manufacture of the Item sold in a different recognizable account as the helpful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not affected by the truth that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Gnangara Western Australia.

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper usage and which develop exclusively from malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all express and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make excellent the problem by doing any one of the following at its choice: (a) repairing the Product; 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 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having the Item repaired (Gym in Mullaloo ).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially given 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 consisted of in our brochures, cost lists and other advertising matter, are intended merely to provide an indicator of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact may be attached and it must not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Pearsall WA.

If the Seller has followed a design or guidelines offered by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, expenses and costs of the Seller emerging from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may 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 event or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated will 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 shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Lansdale . Unless specified somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this contract any place and to the extent to which fulfilment of the same is avoided, disappointed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding change declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.