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

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Product are re-sold, or items manufactured utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Item sold in a different recognizable account as the useful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Goods become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Woodvale WA.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under appropriate usage and which develop entirely from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and indicated warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or financial 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 occurring as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller shall make good the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Item; 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 warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Group Training in Lansdale Western Australia).

36. The Purchaser must 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, rate lists and other marketing matter, are planned merely to offer a sign of the items described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that effect may be attached and it must not be ruined obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Training in Tapping Western Australia.

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

Agreements and shipments might 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 event or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This agreement 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 Wanneroo . Unless defined somewhere else it is the buyer's duty to get any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of performance of this agreement any place and to the extent to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing modification statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.