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

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's facilities (or the premises of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to take possession of the Item; 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 produced utilizing the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing price of the Product offered or used in the manufacture of the Product offered in a separate identifiable account as the useful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Goods become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Gnangara Western Australia.

Our liability in respect of any defect in, or failure of the items provided, 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 items, and is just valid for flaws or failure under proper use and which develop entirely from defective design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are specifically omitted.

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The Seller will not be liable to the Buyer for physical or monetary 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 occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any among the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually 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 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Item or obtaining comparable Goods; (d) the payment of the cost of having the Product fixed (Personal Trainer in Marangaroo ).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other marketing matter, are planned merely to give an indicator of the products described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that impact may be attached and it needs to not be ruined wiped out or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Gym in Gnangara .

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested 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 expressly agreed by us in composing no provision for liquidated damages will 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 suitable jurisdiction in Australia. 43 - Gym in Greenwood . Unless specified elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the very same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.