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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller considers that the Purchase Price has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the price that would have been the Purchase Price if the error had actually not been made.

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

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If the Item are re-sold, or items manufactured utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Item sold or utilized in the manufacture of the Item sold in a different identifiable account as the advantageous property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Goods end up being fixtures connected to the facilities of the Buyer or a third party, and if the Seller gets in those premises for the function of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Pearsall .

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 problem 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 usage and which develop exclusively from faulty design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Goods or getting comparable Item; (d) the payment of the cost of having actually the Product fixed (Gym in Darch Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are intended simply to give a sign 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 styles or copyright features are embodied in the design of the items, an imprint to that effect might be attached and it must not be defaced obliterated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Edgewater .

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty 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 warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Padbury WA. Unless specified somewhere else it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this agreement any place and to the extent to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding modification statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.