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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 concurs 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 Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Price and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the premises of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Item; 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 made using the Item are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice price of the Product sold or used in the manufacture of the Goods sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Product is not impacted by the reality that the Goods become components attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Ocean Reef .

Our liability in respect of any flaw 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 flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under proper usage and which occur exclusively from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all express and indicated guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, info or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their usage and application, are expressly left out.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller shall 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 items back and crediting the Buyer 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 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Product or acquiring equivalent Goods; (d) the payment of the cost of having the Item repaired (Group Training in Ellenbrook ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) 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 dimensions contained in our brochures, price lists and other marketing matter, are planned simply to offer an indicator of the goods described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that result might be affixed and it must not be ruined obliterated or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Ellenbrook WA.

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

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying 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, service warranties and assurances whatsoever on our part whether expressed or suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Aveley . Unless defined elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding modification declaration, security agreement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.