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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial excellent 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 considers the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price 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 Product till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's premises (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Goods; 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 manufactured utilizing the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Goods sold in a separate identifiable account as the helpful residential or commercial 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 affected by the reality that the Item end up being components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ellenbrook Western Australia.

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

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all reveal and implied warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage developing as an outcome 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 Item; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 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 Goods or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or acquiring equivalent Item; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Brabham ).

36. The Purchaser must not return any Goods 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 needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, price lists and other advertising matter, are intended simply to offer an indication of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be affixed and it should not be defaced eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Gym in Carramar .

If the Seller has actually followed a style or instructions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in henley Brook Western Australia. Unless specified in other places it is the buyer's obligation to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Product that have actually formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.