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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 good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the premises of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Item; 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 produced utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods sold in a separate recognizable 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 residential or commercial property in the Goods is not impacted by the fact that the Item become components attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming possession of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Hillarys Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate usage and which develop solely from defective design, materials 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 offered in stipulation 35, all express and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, recommendations, info or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their usage and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser for physical or financial 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 occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or acquiring comparable Product; (d) the payment of the cost of having actually the Goods repaired (Gym in Edgewater ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first 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, particulars of weights and measurements consisted of in our catalogues, cost lists and other advertising matter, are planned simply to provide an indication 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 functions are embodied in the design of the goods, an imprint to that impact may be affixed and it must not be defaced obliterated or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Wanneroo Western Australia.

If the Seller has followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Padbury WA. Unless specified somewhere else it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of efficiency of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding declaration, financing modification declaration, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.