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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 problem of the Credit Note is an act of industrial 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 considers the Quotation contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Goods are re-sold, or products produced using the Product are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Goods offered in a separate recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not impacted by the fact that the Goods become components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the function of recovering possession of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Woodvale .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate use and which arise solely from faulty design, products 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. Other than as supplied in stipulation 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their use and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring 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 staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited 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 cost of replacing the Item or getting comparable Product; (d) the payment of the cost of having the Goods repaired (Personal Training in Gnangara ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered 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 measurements included in our brochures, cost lists and other marketing matter, are planned merely to offer a sign of the products described therein and none of these shall form part of the agreement 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 affixed and it must not be ruined eliminated or eliminated from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Gym in henley Brook .

If the Seller has actually followed a style or directions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller arising from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Wangara WA. Unless defined somewhere else it is the buyer's duty to acquire any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the level to which fulfilment of the exact same is prevented, disappointed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.