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

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

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the properties of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Item are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Goods sold in a separate identifiable 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 Item is not affected by the fact that the Product become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those premises for the purpose of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Singara Western Australia.

Our liability in respect of any defect in, or failure of the goods provided, 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 cost. Our warranty duration is 12 months from the date of approval of the goods, and is just legitimate for problems or failure under correct usage and which occur solely from faulty style, 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 supplied in clause 35, all express and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller will make good the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible 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 thus limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Product; (d) the payment of the expense of having the Product repaired (Group Training in henley Brook ).

36. The Purchaser must not return any Product which the Purchaser 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 Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are meant merely to provide an indicator of the goods explained therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that effect may be affixed and it needs to not be ruined eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Gym in Singara Western Australia.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, 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 efficiency of any agreement, and no duty shall 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 revealed or indicated 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 writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Joondalup WA. Unless specified elsewhere it is the purchaser's obligation to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this contract wherever and to the level to which fulfilment of the exact same is avoided, frustrated or prevented as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security contract, 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 make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.