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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of commercial 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 Quote includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to take ownership of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Item offered in a different recognizable account as the useful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Product end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the function of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Tapping WA.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem 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 approval of the goods, and is just legitimate for defects or failure under appropriate use and which emerge entirely 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 buyer. 32. Except as offered in clause 35, all express and indicated guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their usage and application, are expressly omitted.

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The Seller shall not be responsible 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 Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Product or obtaining comparable Item; (d) the payment of the expense of having actually the Goods fixed (Group Training in Ellenbrook WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, catalog and other advertising matter, are intended merely to provide a sign of the items explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be ruined eliminated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in Singara Western Australia.

If the Seller has actually followed a style or directions given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Woodvale Western Australia. Unless defined elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this contract anywhere and to the degree to which fulfilment of the same is avoided, frustrated or prevented as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, funding change statement, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Customer.