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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 Purchaser concurs that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the price that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or items made utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Goods offered in a different identifiable account as the beneficial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Goods end up being fixtures connected to the facilities of the Purchaser or a third party, and if the Seller gets in those facilities for the function of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in The Vines .

Our liability in respect of any defect in, or failure of the items 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 expense. Our guarantee period is 12 months from the date of acceptance of the products, and is only legitimate for defects or failure under appropriate usage and which arise entirely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all express and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Item, their usage and application, are specifically left out.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Item; or (c) taking the products 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 Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted 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 acquiring equivalent Goods; (d) the payment of the expense of having the Item fixed (Personal Trainer in Marangaroo WA).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, cost lists and other advertising matter, are planned merely to offer an indication of the goods described therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that impact might be attached and it needs to not be defaced obliterated or removed from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Training in Marangaroo WA.

If the Seller has followed a design or guidelines provided by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller arising from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any contract, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Aveley Western Australia. Unless specified somewhere else it is the purchaser's duty to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the very same is prevented, disappointed or hindered as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have actually previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.