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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial 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 Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the agreement 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 miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Cost and the price that would have been the Purchase Cost if the mistake 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 completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the properties of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Product; 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 Product are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Goods offered in a separate recognizable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Product end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Sorrento WA.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for problems or failure under appropriate use and which occur solely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all reveal and suggested warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller shall make good the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work 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 the Goods fixed (Personal Trainer in Gnangara WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are meant merely to provide a sign of the products described therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the items, an imprint to that impact might be attached and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Brabham Western Australia.

If the Seller has actually followed a style or instructions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

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

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages shall 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Lansdale . Unless defined somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of performance of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, annoyed or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

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