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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the error had not been made.

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

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If the Item are re-sold, or items manufactured using the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Item offered in a separate recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the reality that the Product end up being components attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming possession of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in The Vines Western Australia.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under correct use and which occur entirely from malfunctioning design, materials or craftsmanship.

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 offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Product or obtaining equivalent Product; (d) the payment of the expense of having the Product repaired (Gym in Carramar ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other marketing matter, are intended merely to give a sign of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that effect might be attached and it needs to not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Ocean Reef .

If the Seller has followed a design or directions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any infringement of a patent, trademark, registered design, 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, signed up design, trademark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall 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 will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages will 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 appropriate jurisdiction in Australia. 43 - Personal Trainer in Wangara WA. Unless defined in other places it is the buyer's duty to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.