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25. If the Seller issues a Credit Note to the Buyer (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 commercial great 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 Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Cost and the cost that would have been the Purchase Cost 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 fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Goods offered in a separate recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Item become components connected to the properties of the Purchaser or a third celebration, and if the Seller enters those facilities for the purpose of reclaiming possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Tapping WA.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under proper use and which emerge entirely from faulty design, materials 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 purchaser. 32. Except as supplied in clause 35, all reveal and suggested service warranties, guarantees 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, installation, materials or craftsmanship; or (c) suggestions, recommendations, details or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Item, their usage and application, are expressly left out.

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The Seller shall not be liable 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 Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing 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 accountable for a breach of a condition or service warranty implied 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 Item or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Wanneroo WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, rate lists and other marketing matter, are meant merely to give a sign of the goods described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that result might be attached and it should not be ruined eliminated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Training in Edgewater Western Australia.

If the Seller has actually followed a design or directions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages shall 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 generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Hillarys Western Australia. Unless defined elsewhere it is the purchaser's responsibility to get any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.