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

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following 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 get in the Buyer's properties (or the properties of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to take possession of the Goods; 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 Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice rate of the Product sold or utilized in the manufacture of the Goods offered in a separate identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not affected by the reality that the Goods become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the products, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Warwick .

Our liability in regard of any problem in, or failure of the goods supplied, 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 assurance period is 12 months from the date of approval of the items, and is only legitimate for defects or failure under correct usage and which arise solely from faulty style, products or workmanship.

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 express and indicated service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their use and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser 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 including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible 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 Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or obtaining comparable Goods; (d) the payment of the cost of having actually the Product fixed (Personal Trainer in Brabham 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 provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, rate lists and other marketing matter, are meant simply to offer a sign of the items explained therein and none of these will form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that effect might be affixed and it should not be ruined eliminated or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Personal Training in Brabham .

If the Seller has followed a design or instructions provided by the Purchaser, the Purchaser will indemnify the Seller versus 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 Purchaser on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless expressly 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 agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Joondalup Western Australia. Unless defined elsewhere it is the purchaser's obligation to get any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract any place and to the level to which fulfilment of the very same is avoided, frustrated or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, 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 purposes of the PPSA and develops a security interest in all Goods that have actually previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Client.