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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of business great 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 Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, 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 Price has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference 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 till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Business or agent where the Item are located) without liability for trespass or any resulting damage and to acquire the Goods; 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 using the Goods 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 Goods offered or utilized in the manufacture of the Item offered in a separate recognizable account as the advantageous property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Goods become components attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Padbury WA.

Our liability in regard of any defect 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 defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which occur solely from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we will 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, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) changing 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 service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or obtaining comparable Goods; (d) the payment of the expense of having actually the Product fixed (Group Training in Brabham ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided 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 intended merely to offer a sign of the items explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that result might be attached and it must not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in The Vines .

If the Seller has followed a design or instructions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in The Vines . Unless defined somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Client.