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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 Buyer agrees that the problem 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 pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Buyer will make the Item 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 Purchaser will pay to the Seller, on need, the distinction between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Item up 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 premises of any associated Business or representative where the Product lie) 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 Product are re-sold, or products produced using the Goods are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Product sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Product become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering ownership of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Warwick WA.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is just valid for defects or failure under correct use and which arise exclusively from defective design, products or workmanship.

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 offered in clause 35, all express and implied service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their use and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or acquiring comparable Product; (d) the payment of the expense of having actually the Product repaired (Nutritionist in Joondalup WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) 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 contained in our brochures, catalog and other advertising matter, are intended merely to offer a sign of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Group Training in Darch Western Australia.

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade conflict, 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 agreement, and no obligation shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees 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 concurred by us in writing and unless expressly concurred by us in composing no arrangement 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 shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Mullaloo WA. Unless defined somewhere else it is the buyer's duty to acquire any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding change declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.