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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees 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 relating to the issue of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those properties for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Greenwood Western Australia.

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for problems or failure under correct usage and which arise entirely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its employees, servants or agents to the Buyer relating to the Goods, their use and application, are expressly omitted.

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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 emerging out of or in relation to the Product including loss or damage arising 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 Product; or (c) the advice, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make great the flaw by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining comparable Goods; (d) the payment of the expense of having the Goods repaired (Nutritionist in Darch WA).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it needs to not be ruined wiped out or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Gym in Ellenbrook .

If the Seller has actually followed a style or directions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying 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, warranties and guarantees whatsoever on our part whether revealed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Ocean Reef . Unless defined somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of efficiency of this agreement wherever and to the level to which fulfilment of the very 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 financing statement, financing modification statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.