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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 issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the premises of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products made utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods sold or utilized in the manufacture of the Product offered in a different recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the function of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in The Vines .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under proper use and which develop solely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in clause 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring 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 agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or getting comparable Item; (d) the payment of the cost of having the Item repaired (Gym in Mullaloo Western Australia).

36. The Buyer should not return any Item 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 must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, price lists and other marketing matter, are intended merely to provide an indication of the items explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect may be attached and it must not be ruined wiped out or removed from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Training in The Vines WA.

If the Seller has followed a design or directions provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller developing from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This contract 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 Wanneroo WA. Unless specified elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the very same is avoided, disappointed or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, financing modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and produces a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.