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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern 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 relating to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or representative where the Product lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Item 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 Goods offered or utilized in the manufacture of the Goods offered in a different recognizable account as the beneficial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the reality that the Product become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the function of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Mullaloo WA.

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under proper use and which occur exclusively from defective design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining comparable Product; (d) the payment of the expense of having the Product repaired (Personal Trainer in Hillarys ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, price lists and other marketing matter, are planned simply to provide a sign of the items explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Training in Hillarys .

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

Contracts and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Wangara WA. Unless specified in other places it is the purchaser's obligation to obtain any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or duty of performance of this contract wherever and to the level to which fulfilment of the exact same is prevented, frustrated or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.