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

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's properties (or the premises of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; 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 produced utilizing the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Item sold in a different recognizable account as the helpful 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 truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Carramar .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under appropriate usage and which arise solely from malfunctioning style, 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 purchaser. 32. Except as provided in provision 35, all reveal and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, details or services offered by the Seller, its workers, servants or agents to the Buyer relating to the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller shall make great the defect by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 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 Goods; (c) the payment of the cost of changing the Product or obtaining equivalent Product; (d) the payment of the cost of having actually the Item repaired (Personal Training in Tapping ).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote 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 Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, rate lists and other marketing matter, are planned merely to give an indication of the goods described therein and none of these will form part of the contract unless particularly agreed in writing.

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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 may be affixed and it needs to not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Edgewater Western Australia.

If the Seller has followed a style or directions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any violation of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no provision for liquidated damages will form part of the agreement.

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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 appropriate jurisdiction in Australia. 43 - Gym in Singara Western Australia. Unless specified in other places it is the purchaser's duty to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of performance of this agreement anywhere and to the extent to which fulfilment of the same is prevented, disappointed or hindered as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

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