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

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Goods offered in a separate identifiable account as the useful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods become components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Wanneroo WA.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for flaws or failure under correct usage and which occur exclusively from malfunctioning design, materials or workmanship.

Without restricting 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 provision 35, all reveal and implied guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make good the defect by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides 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 Item; (c) the payment of the cost of changing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Personal Training in Marangaroo Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has 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 included in our brochures, catalog and other marketing matter, are planned merely to provide an indication of the goods described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up 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 gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Gym in Singara .

If the Seller has actually followed a design or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any violation of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties 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 agreed by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will form part of the agreement.

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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 proper jurisdiction in Australia. 43 - Personal Trainer in Darch Western Australia. Unless defined in other places it is the buyer's obligation to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of performance of this agreement wherever and to the extent to which fulfilment of the same is avoided, annoyed or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

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