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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of business great 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 thinks about the Quote contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated 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 Rate if the mistake had actually not been made.

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

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If the Product are re-sold, or items manufactured using the Item are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods sold or used in the manufacture of the Item offered in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Edgewater .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the products, and is just legitimate for defects or failure under correct usage and which arise exclusively from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all express and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its workers, servants or agents to the Buyer regarding the Item, their usage and application, are specifically omitted.

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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 arising out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, information or services offered by the Seller or the Seller's agents or employees.

34. If the Product are faulty, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring comparable Goods; (d) the payment of the expense of having the Item repaired (Personal Trainer in Mullaloo Western Australia).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return should 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 advertising matter, are intended simply to give a sign of the goods explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that effect may be attached and it needs to not be defaced wiped out or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Gym in Hillarys .

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or typical law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or suggested shall 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 specifically agreed by us in composing no provision for liquidated damages shall form part of the contract.

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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 proper jurisdiction in Australia. 43 - Personal Training in Padbury . Unless defined in other places it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this stipulation funding 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 writing the Customer acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.