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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the mistake 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 Item; (b) to enter the Buyer's facilities (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take possession of the Product; 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 made using the Goods are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the fact that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of reclaiming possession of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Darch .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under appropriate usage and which emerge entirely from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and implied service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make good the defect by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods 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 guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring comparable Item; (d) the payment of the expense of having actually the Product repaired (Gym in Carramar WA).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, price lists and other advertising matter, are planned simply to give a sign 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 styles or copyright functions are embodied in the design of the items, an imprint to that impact may be attached and it must not be defaced obliterated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in Lansdale Western Australia.

If the Seller has actually followed a design or directions given by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or suggested shall 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 expressly concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Darch WA. Unless specified in other places it is the purchaser's duty to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, disappointed or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing statement, 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 terms make up a security contract for the functions of the PPSA and creates a security interest in all Item that have actually previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.