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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue 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 problem of the Credit Note.

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

If the Seller thinks about that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the cost 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 Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize 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 produced utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Goods sold in a separate identifiable account as the useful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ocean Reef .

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under appropriate usage and which develop entirely from faulty design, products or craftsmanship.

Without limiting 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 provided in clause 35, all express and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Product, 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 substantial loss or damage of any kind arising 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 agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make good the flaw by doing any among the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 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 Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having actually the Product fixed (Personal Trainer in Wanneroo ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to offer an indicator of the items 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, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it must not be ruined eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Hillarys WA.

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

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested shall 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 expressly agreed by us in composing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Mullaloo Western Australia. Unless specified in other places it is the purchaser's duty to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the same is avoided, frustrated or impeded 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, financing 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 Consumer acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and creates a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.