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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem 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 referring to the problem of the Credit Note.

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

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to take ownership of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Item become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Padbury .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate usage and which occur exclusively from malfunctioning style, materials or craftsmanship.

Without limiting 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 stipulation 35, all express and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their use and application, are specifically omitted.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 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 Item or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or getting equivalent Item; (d) the payment of the cost of having the Product repaired (Personal Trainer in The Vines Western Australia).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other advertising matter, are planned simply to provide an indication of the products explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be defaced obliterated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Gym in Padbury Western Australia.

If the Seller has actually followed a style or instructions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no provision for liquidated damages will 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 proper jurisdiction in Australia. 43 - Personal Trainer in Joondalup WA. Unless defined elsewhere it is the purchaser's obligation to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is avoided, annoyed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

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