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

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Price, 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 Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Goods; 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 using the Item are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Item sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Ellenbrook WA.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem 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 approval of the products, and is only valid for problems or failure under correct use and which emerge entirely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all reveal and indicated guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the products back and crediting the Purchaser 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 implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or obtaining equivalent Product; (d) the payment of the cost of having actually the Product fixed (Personal Training in Marangaroo ).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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 consisted of in our brochures, catalog and other marketing matter, are intended merely to offer an indication of the products explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Carramar Western Australia.

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any violation of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, 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 offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Hillarys Western Australia. Unless defined in other places it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement wherever and to the degree to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and creates a security interest in all Item that have formerly been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.