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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 problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern 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 delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's premises (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Item; 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 made using the Product are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item offered in a different recognizable account as the beneficial home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the truth that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Hillarys WA.

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate use and which occur exclusively from defective style, products 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. Other than as supplied in clause 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Product, their use and application, are expressly omitted.

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The Seller will 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 including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, details or services provided by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller will make good the problem by doing any among the following at its alternative: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the goods 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 warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Item repaired (Personal Training in Pearsall Western Australia).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, cost lists and other marketing matter, are intended merely to offer an indicator of the items explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that result may be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Personal Training in Padbury WA.

If the Seller has followed a design or directions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Carramar . Unless specified somewhere else it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the same is prevented, annoyed or prevented as an effect of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.