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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in 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 possession of 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 products manufactured utilizing the Product are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product offered or used in the manufacture of the Product offered in a separate recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Product is not affected by the truth that the Goods end up being fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Wangara WA.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is only legitimate for problems or failure under appropriate use and which emerge entirely from malfunctioning design, materials 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 buyer. 32. Except as supplied in stipulation 35, all express and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, 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 Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining comparable Product; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Marangaroo ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are meant merely to give an indicator of the items described therein and none of these will form part of the contract unless specifically agreed in composing.

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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 result may be affixed and it should not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Personal Training in The Vines .

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 proper jurisdiction in Australia. 43 - Personal Trainer in The Vines . Unless specified elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, funding change declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees 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 provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.