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25. If the Seller issues 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 excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Product are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Product offered or used in the manufacture of the Goods sold in a different recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Item become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Wanneroo Western Australia.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under proper usage and which develop entirely from defective design, products or workmanship.

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 provided in clause 35, all reveal and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) suggestions, recommendations, details or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller shall make great the defect by doing any among the following at its option: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Product or obtaining equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Personal Training in Warwick ).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually 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, particulars of weights and measurements included in our catalogues, rate lists and other marketing matter, are planned simply to provide a sign of the products explained therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it should not be defaced eliminated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Tapping Western Australia.

If the Seller has followed a design or guidelines given by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Edgewater Western Australia. Unless specified elsewhere it is the purchaser's responsibility to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or prevented 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 declaration, funding change statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and develops a security interest in all Goods that have actually formerly been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.