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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees 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 referring to the concern of the Credit Note.

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

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's properties (or the facilities of any associated Business 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 Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Item are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Goods sold in a separate recognizable account as the advantageous property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering belongings of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Ellenbrook .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for defects or failure under correct use and which arise exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except 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 physical fitness of the Product for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, recommendations, details or services provided by the Seller, its employees, servants or representatives to the Buyer regarding the Product, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or obtaining comparable Product; (d) the payment of the expense of having the Goods repaired (Gym in henley Brook ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually 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, particulars of weights and measurements consisted of in our brochures, price lists and other advertising matter, are meant merely to give an indication of the items explained therein and none of these will 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 design of the goods, an imprint to that effect may be affixed and it needs to not be defaced obliterated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Greenwood .

If the Seller has actually followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Singara WA. Unless specified somewhere else it is the purchaser's obligation to get any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, financing change declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms make up a security agreement for the purposes of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.