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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 business 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 thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price and the cost that would have been the Purchase Cost 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 enter the Buyer's properties (or the premises of any associated Company or representative where the Product are located) 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 Goods are re-sold, or items made utilizing the Item are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Product offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Item end up being components attached to the premises of the Buyer or a third celebration, and if the Seller goes into those properties for the purpose of recovering possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook .

Our liability in respect of any defect in, or failure of the goods provided, 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 expense. Our assurance duration is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate usage and which arise entirely from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, info or services provided by the Seller, its workers, servants or representatives to the Purchaser relating to the Goods, their usage and application, are specifically left out.

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The Seller shall not be responsible to the Purchaser 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 emerging as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller will make good the problem by doing any one of the following at its alternative: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the products 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 service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in henley Brook ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has 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 consisted of in our catalogues, cost lists and other advertising matter, are meant merely to provide an indicator of the goods described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that impact may be affixed and it must not be ruined wiped out or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Nutritionist in henley Brook WA.

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

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall connect 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 indicated 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 agreed by us in writing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless specified elsewhere it is the purchaser's duty to obtain any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be relieved 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 impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.