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

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If the Seller considers the Quote includes an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product available 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 difference between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item 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 Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Lansdale .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for defects or failure under appropriate use and which emerge exclusively from defective design, products or workmanship.

Without limiting 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 offered in provision 35, all reveal and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services offered by the Seller, its staff members, servants or agents to the Buyer regarding the Item, their use and application, are expressly left out.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, 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 choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Goods or obtaining equivalent Goods; (d) the payment of the cost of having the Goods repaired (Group Training in Tapping WA).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are intended simply to provide an indicator of the products described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result might be affixed and it should not be ruined eliminated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in Ocean Reef Western Australia.

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, 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 will 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 warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Mullaloo WA. Unless specified somewhere else it is the buyer's duty to get any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of performance of this contract wherever and to the degree to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding modification statement, security agreement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.