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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 concurs that the issue 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 relating to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Rate and the rate that would have been the Purchase Cost if the mistake had not been made.

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

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If the Item are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice price of the Product sold or utilized in the manufacture of the Product sold in a different identifiable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Product become components connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Darch .

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 flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under correct use and which develop exclusively from malfunctioning style, materials or workmanship.

Without restricting 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 supplied in provision 35, all reveal and implied warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their usage and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller shall make excellent 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 items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or getting equivalent Goods; (d) the payment of the expense of having the Item repaired (Nutritionist in Aveley ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) 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 consisted of in our brochures, catalog and other marketing matter, are meant merely to provide an indication of the products described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact may be affixed and it should not be ruined eliminated or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Group Training in Hillarys Western Australia.

If the Seller has followed a design or guidelines given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any violation of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in composing no provision 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 proper jurisdiction in Australia. 43 - Group Training in Sorrento WA. Unless defined in other places it is the buyer's obligation to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding change declaration, security contract, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.