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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Cost and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Item until 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 facilities (or the premises of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Goods sold in a separate recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Goods become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Singara Western Australia.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under correct use and which arise exclusively from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their use and application, are expressly left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or acquiring comparable Goods; (d) the payment of the cost of having actually the Product fixed (Gym in Warwick ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has 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, particulars of weights and measurements included in our catalogues, rate lists and other advertising matter, are planned simply to offer an indication of the goods explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it should not be defaced obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Gnangara .

If the Seller has followed a design or instructions offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any infringement of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency 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 indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Brabham . Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of efficiency of this agreement wherever and to the extent to which fulfilment of the same is prevented, frustrated or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.