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25. If the Seller issues a Credit Note to the Buyer (whether on demand 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in 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 Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize 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 products produced using the Item are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Item offered in a different identifiable account as the helpful property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Woodvale WA.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the items, and is just valid for problems or failure under appropriate usage and which occur solely from faulty design, products 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 clause 35, all express and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Goods, their usage and application, are expressly left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or getting comparable Item; (d) the payment of the cost of having the Item repaired (Personal Trainer in Edgewater Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) 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 catalogues, cost lists and other marketing matter, are intended simply to give an indication of the items explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it should not be defaced obliterated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Gnangara WA.

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, 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 delaying the execution or efficiency of any agreement, and no responsibility 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 guarantees whatsoever on our part whether revealed or suggested will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Carramar Western Australia. Unless defined in other places it is the buyer's duty to acquire any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification declaration, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.