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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, 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 relating to the problem of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had not been made.

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

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If the Product are re-sold, or items manufactured using the Item are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Goods sold in a different recognizable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the fact that the Product become components connected to the premises of the Purchaser or a third celebration, and if the Seller goes into those facilities for the purpose of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Ellenbrook Western Australia.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under proper usage and which arise entirely from defective style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, suggestions, information or services offered by the Seller, its workers, servants or agents to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller will make excellent the problem by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

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

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided 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, cost lists and other marketing matter, are meant merely to give an indicator of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that result might be attached and it must not be defaced wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Hillarys .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied 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 arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Hillarys Western Australia. Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is prevented, annoyed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change statement, security contract, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.