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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of 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 Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to take possession of 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 products made utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing rate of the Item offered or utilized in the manufacture of the Product offered in a separate recognizable account as the useful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Goods end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Gnangara .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate usage and which occur entirely from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Buyer concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be liable 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 Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) changing 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 responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or obtaining comparable Product; (d) the payment of the expense of having the Product repaired (Group Training in Padbury WA).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first 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, particulars of weights and measurements included in our catalogues, catalog and other advertising matter, are intended merely to provide a sign of the items described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that result may be attached and it should not be defaced wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Group Training in Ellenbrook .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will 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 proper jurisdiction in Australia. 43 - Gym in Hillarys WA. Unless defined somewhere else it is the buyer's obligation 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 eliminated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, financing modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.