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25. If the Seller issues a Credit Note to the Buyer (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 good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the price 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 Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the premises of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to take possession of the Item; 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 produced utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Product sold in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of recovering ownership of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Wanneroo WA.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under correct usage and which emerge solely from malfunctioning design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, information or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable 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 equivalent Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or acquiring comparable Goods; (d) the payment of the expense of having actually the Goods repaired (Nutritionist in Wanneroo ).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given 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 dimensions contained in our brochures, catalog and other advertising matter, are meant simply to offer an indicator of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect might be attached and it needs to not be defaced obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Carramar WA.

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

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency 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 guarantees whatsoever on our part whether expressed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Warwick . Unless defined in other places it is the buyer's duty to acquire any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing modification statement, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.