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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of business good 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 an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost 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 Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the premises of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products made using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Product offered in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Product end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering belongings of the items, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Tapping Western Australia.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under appropriate use and which develop solely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, information or services provided 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 responsible to the Purchaser 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 agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring comparable Goods; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Greenwood ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given 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 included in our brochures, price lists and other marketing matter, are meant simply to give a sign of the goods explained therein and none of these will 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 items, an imprint to that impact might be attached and it must not be defaced obliterated or removed from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Edgewater WA.

If the Seller has followed a design or instructions given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and costs of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Singara WA. Unless defined elsewhere it is the purchaser's obligation to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this contract any place and to the level to which fulfilment of the exact same is avoided, annoyed or prevented as an effect of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, financing modification declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms make up a security arrangement for the functions of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.