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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 Purchaser agrees that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product 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 elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the mistake 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 completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the properties of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Item are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Goods sold in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Goods become fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Lansdale Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the products, and is only valid for problems or failure under appropriate usage and which emerge entirely from defective design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in clause 35, all express and indicated warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use and application, are expressly excluded.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller will make great the problem by doing any among the following at its choice: (a) fixing the Item; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has 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 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Goods fixed (Personal Trainer in Marangaroo Western Australia).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) 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 contained in our catalogues, catalog and other marketing matter, are meant simply to offer an indicator of the products explained therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced wiped out or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in henley Brook WA.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Mullaloo Western Australia. Unless defined somewhere else it is the purchaser's responsibility to get any licenses 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 efficiency of this contract anywhere and to the degree to which fulfilment of the same is prevented, disappointed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have actually formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.