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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem 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 relating to the issue of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods offered in a separate recognizable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Item end up being components connected to the properties of the Buyer or a third party, and if the Seller enters those properties for the purpose of reclaiming ownership of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Hillarys .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under appropriate use and which occur solely from malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Buyer regarding the Product, their use and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or monetary 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 a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are faulty, the Seller will make great the flaw by doing any among the following at its alternative: (a) fixing the Item; or (b) changing the Product; or (c) taking the items 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 warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or getting comparable Item; (d) the payment of the cost of having actually the Product repaired (Personal Training in Aveley ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) 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 consisted of in our brochures, catalog and other advertising matter, are intended merely to provide an indicator of the goods explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Personal Training in The Vines .

If the Seller has actually followed a style or directions given by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages will 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 generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Lansdale Western Australia. Unless specified somewhere else it is the buyer's duty to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this agreement any place and to the extent to which fulfilment of the same is prevented, disappointed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding declaration, funding modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.