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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer 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 mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Cost and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Business 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 Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Item sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Goods become components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Darch .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under appropriate usage and which develop solely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial 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 an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller shall make good the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than 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 Product; (c) the payment of the expense of changing the Goods or obtaining equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Personal Training in Mullaloo Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) 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 measurements included in our brochures, rate lists and other marketing matter, are intended merely to give a sign of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that impact may be affixed and it must not be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Woodvale WA.

If the Seller has followed a design or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller emerging from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no arrangement 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Ellenbrook Western Australia. Unless specified in other places it is the buyer's obligation to get any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the very same is avoided, disappointed or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, financing modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and creates a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.