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

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If the Seller considers the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has 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 rate 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 Buyer to the Seller are completely 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 are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Product are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Item offered in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Product become fixtures connected to the facilities of the Buyer or a third celebration, and if the Seller enters those premises for the purpose of reclaiming ownership 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 Padbury .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct usage and which develop solely from defective design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all express and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the defect by doing any among the following at its option: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having the Item repaired (Personal Training in Mullaloo Western Australia).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, cost lists and other marketing matter, are planned simply to offer a sign of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the products, an imprint to that result may be attached and it should not be ruined eliminated or eliminated from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Sorrento Western Australia.

If the Seller has followed a style or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Wangara . Unless defined in other places it is the purchaser's obligation to acquire any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of efficiency of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered 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 clause financing statement, financing change statement, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer 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 Item that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.