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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's facilities (or the premises of any associated Company or representative where the Item 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 Product are re-sold, or products made using the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Item sold in a separate identifiable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the reality that the Product become components connected to the facilities of the Buyer or a 3rd celebration, and if the Seller goes into those facilities for the function of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook Western Australia.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the flaw or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate use and which develop solely from defective style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and implied service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their use and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) replacing 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 service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or getting comparable Goods; (d) the payment of the expense of having the Item repaired (Personal Trainer in henley Brook WA).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, rate lists and other marketing matter, are intended merely to offer an indication of the items described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that result may be affixed and it should not be defaced eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Training in Darch Western Australia.

If the Seller has followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any violation of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed 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 appropriate jurisdiction in Australia. 43 - Personal Training in henley Brook WA. Unless specified elsewhere it is the purchaser's obligation to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, frustrated or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.