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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem 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 referring to the problem of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the facilities of any associated Company or representative 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 Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Product sold in a separate identifiable 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 Goods is not affected by the truth that the Goods end up being components attached to the premises of the Buyer or a third celebration, and if the Seller gets in those properties for the function of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Pearsall WA.

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is just valid for problems or failure under correct usage and which emerge exclusively from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all reveal and indicated guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their use and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make excellent the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 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 Goods or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Product; (d) the payment of the cost of having the Product repaired (Personal Training in Wanneroo ).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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 contained in our brochures, price lists and other advertising matter, are planned merely to give a sign of the products described therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that result may be affixed and it should not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in Mullaloo .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing 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 giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Wangara . Unless specified somewhere else it is the purchaser's obligation to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract anywhere and to the extent to which fulfilment of the exact same is avoided, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, financing change statement, security contract, 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 concurs that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.