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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial great 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 Quote contains a mistake, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost 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 Price and the rate 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 Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the facilities of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to take ownership of the Goods; 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 produced using the Item are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property 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 enters those premises for the purpose of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Padbury WA.

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect 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 acceptance of the goods, and is only valid for flaws or failure under proper use and which occur solely from defective design, products or workmanship.

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 supplied in provision 35, all reveal and indicated guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or representatives to the Purchaser relating to the Goods, their usage and application, are expressly omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are faulty, the Seller will make great the problem by doing any among the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or obtaining equivalent Item; (d) the payment of the cost of having the Item repaired (Personal Trainer in Mullaloo ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return must 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, cost lists and other advertising matter, are intended simply to provide an indication of the goods explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that impact might be affixed and it should not be ruined eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Ocean Reef .

If the Seller has followed a style or instructions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no provision 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 generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Greenwood Western Australia. Unless specified in other places it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eased of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, annoyed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

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