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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price 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 Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or agent 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 Item are re-sold, or items made utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the truth that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the function of reclaiming ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ellenbrook WA.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is just valid for problems or failure under correct use and which arise exclusively from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all reveal and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser 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 suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or getting comparable Item; (d) the payment of the expense of having the Item repaired (Personal Trainer in Warwick WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, rate lists and other advertising matter, are intended simply to offer a sign of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the items, an imprint to that impact may be attached and it must not be ruined eliminated or removed from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Joondalup WA.

If the Seller has actually followed a design or instructions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing 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 litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Ellenbrook WA. Unless specified in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, frustrated or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing statement, funding change statement, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.