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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 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 pertaining to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Cost and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the properties of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced utilizing the Goods are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or utilized in the manufacture of the Item sold in a separate recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the fact that the Item end up being components attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Mullaloo WA.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate use and which develop solely from defective design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all express and indicated guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their use and application, are expressly left out.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Product or obtaining equivalent Product; (d) the payment of the expense of having actually the Product repaired (Group Training in Mullaloo Western Australia).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, price lists and other advertising matter, are meant merely to provide an indication of the goods described therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that result might be affixed and it should not be defaced obliterated or gotten rid of from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Edgewater WA.

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Brabham Western Australia. Unless specified in other places it is the purchaser's responsibility to get any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding change statement, security arrangement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.