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

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If the Seller thinks about the Quote consists of a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the facilities of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods offered in a separate identifiable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Product end up being components connected to the facilities of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the function of reclaiming possession of the items, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Hillarys .

Our liability in respect of any defect in, or failure of the products supplied, 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 cost. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for problems or failure under appropriate use and which develop solely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all reveal and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its employees, servants or agents to the Buyer concerning the Item, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller will make excellent the defect by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Item; (d) the payment of the expense of having the Item fixed (Personal Trainer in Tapping ).

36. The Buyer should not return any Product 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, cost lists and other marketing matter, are planned simply to give an indicator of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that effect may be attached and it needs to not be defaced wiped out or removed from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Woodvale .

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller emerging from any violation of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation 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 expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages shall 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Joondalup . Unless specified elsewhere it is the buyer's obligation to get any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the very same is prevented, frustrated or prevented as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, funding change statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these conditions make up a security arrangement for the functions of the PPSA and produces a security interest in all Item that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.