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25. If the Seller concerns 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 industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the price that would have been the Purchase Cost if the error had not been made.

The Seller reserves the list below rights in relation to the Item up 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 premises (or the properties of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Goods are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item offered or used in the manufacture of the Item sold in a different recognizable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not impacted by the truth that the Item become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Ellenbrook WA.

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under correct usage and which develop entirely from defective style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their use and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or acquiring comparable Product; (d) the payment of the cost of having the Item fixed (Personal Trainer in The Vines ).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first 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 contained in our catalogues, rate lists and other marketing matter, are intended simply to provide an indicator of the goods explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that effect may be attached and it must not be ruined eliminated or gotten rid of from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Joondalup Western Australia.

If the Seller has actually followed a design or directions given by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer 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 common law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty 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 warranties whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will form part of the contract.

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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 suitable jurisdiction in Australia. 43 - Personal Trainer in Carramar . Unless defined elsewhere it is the purchaser's obligation to obtain any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the same is prevented, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, funding change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.