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

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction 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 till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Item are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Goods sold 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 residential or commercial property in the Goods is not affected by the fact that the Item end up being fixtures connected to the facilities of the Buyer or a third celebration, and if the Seller gets in those facilities for the function of reclaiming belongings of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in The Vines .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under proper usage and which emerge solely from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its employees, servants or representatives to the Purchaser concerning the Goods, their usage and application, are expressly excluded.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Item; (d) the payment of the cost of having the Goods repaired (Personal Training in Ellenbrook Western Australia).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote 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, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are planned merely to offer a sign of the items described therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that impact may be attached and it should 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 items. Personal Training in The Vines .

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Sorrento Western Australia. Unless defined elsewhere it is the buyer's responsibility to get any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

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

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