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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern 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 thinks about the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the cost that would have been the Purchase Cost 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 fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the facilities of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to seize 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 using the Item are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Product offered in a different recognizable account as the helpful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the fact that the Product become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership 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 Marangaroo .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only valid for defects or failure under appropriate usage and which develop solely 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 buyer. 32. Other than as offered in stipulation 35, all express and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising 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 representatives or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make great the problem by doing any among the following at its option: (a) repairing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or obtaining comparable Item; (d) the payment of the expense of having actually the Goods repaired (Personal Trainer in Marangaroo WA).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other marketing matter, are planned simply to offer an indicator of the products explained therein and none of these will form part of the contract unless particularly agreed in composing.

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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 impact may be affixed and it needs to not be defaced obliterated or removed from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Personal Training in Gnangara .

If the Seller has followed a design or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller developing from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or guideline given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

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

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Aveley WA. Unless specified somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this agreement anywhere and to the extent to which fulfilment of the exact same is avoided, frustrated or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding change statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have actually previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.