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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business excellent 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, consisting of 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 Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the rate that would have been the Purchase Price if the error had actually 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Product sold in a different identifiable account as the useful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the fact that the Item become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Gnangara Western Australia.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for problems or failure under proper usage and which arise entirely from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and suggested warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically omitted.

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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 Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Goods or getting equivalent Item; (d) the payment of the cost of having the Item fixed (Group Training in Warwick WA).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first 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 included in our brochures, cost lists and other advertising matter, are planned merely to offer an indication of the products explained 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 design of the products, an imprint to that result may be attached and it should not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Padbury .

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 expenditures of the Seller occurring from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Joondalup WA. Unless specified elsewhere it is the buyer's obligation to obtain any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the extent to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.