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

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

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction 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 list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the facilities of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured utilizing the Goods are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Item sold in a separate identifiable account as the helpful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Product is not affected by the reality that the Item become components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Warwick Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, 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 guarantee period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under proper use and which develop entirely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Goods, their use and application, are specifically omitted.

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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 Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, 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 Product are malfunctioning, the Seller shall make great the defect by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or getting comparable Product; (d) the payment of the cost of having the Item fixed (Gym in Marangaroo ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are meant simply to offer a sign of the products explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it must not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Personal Training in Wangara WA.

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or indicated shall 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 specifically concurred by us in writing no provision 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 will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Hillarys Western Australia. Unless specified elsewhere it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, annoyed or hindered 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 funding declaration, financing modification statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.