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

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

If the Seller thinks about that the Purchase Cost has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost 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 Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Item 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 utilized in the manufacture of the Item sold in a different recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in The Vines WA.

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 limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for problems or failure under appropriate usage and which arise solely from defective design, products 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 provided in stipulation 35, all express and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, their use and application, are expressly left out.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the flaw by doing any among the following at its option: (a) repairing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated 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 Item or getting comparable Product; (d) the payment of the cost of having the Item repaired (Gym in Brabham ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) 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 included in our catalogues, price lists and other advertising matter, are meant merely to offer an indicator of the items 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 functions are embodied in the style of the goods, an imprint to that result might be affixed and it needs to not be defaced obliterated or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Personal Trainer in Tapping Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed 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 lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Gnangara . Unless specified somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this contract wherever and to the degree to which fulfilment of the same is prevented, frustrated or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, funding change statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.