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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of business good 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 thinks about the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Product sold in a different identifiable account as the beneficial home 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 truth that the Product end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Wangara .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under correct usage and which develop entirely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, their use and application, are specifically excluded.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller shall make good the problem by doing any among the following at its option: (a) repairing the Goods; or (b) changing the Product; 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 guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or obtaining comparable Goods; (d) the payment of the cost of having actually the Product repaired (Gym in Ocean Reef Western Australia).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided 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, particulars of weights and measurements included in our catalogues, price lists and other marketing matter, are meant simply to give a sign of the goods explained therein and none of these will form part of the contract unless particularly concurred in writing.

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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 effect may be affixed and it must not be ruined eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Trainer in The Vines Western Australia.

If the Seller has actually followed a design or directions offered by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation will attach 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 will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Singara WA. Unless specified in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, frustrated or hindered as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.