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

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer 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 Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the rate that would have been the Purchase Price if the error had not been made.

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

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If the Item are re-sold, or items made utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product offered or used in the manufacture of the Product sold in a different recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the fact that the Item become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wanneroo .

Our liability in regard of any problem 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 defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just valid for problems or failure under appropriate use and which arise entirely from defective design, 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 provided in stipulation 35, all reveal and implied guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their use and application, are specifically left out.

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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 Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Item fixed (Personal Trainer in Singara WA).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other marketing matter, are meant merely to give an indicator of the goods described therein and none of these will form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that result may be affixed and it should not be ruined wiped out or removed from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Ellenbrook .

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any violation of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or direction offered by it will not trigger 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 dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no provision 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Woodvale . Unless specified somewhere else it is the purchaser's responsibility to obtain any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding modification statement, security agreement, and security interest has actually the meaning offered 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 Product that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.