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

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Price and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Goods are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Goods offered in a different recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Goods become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those premises for the function 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 Woodvale Western Australia.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the flaw or failure at our own cost. 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 develop exclusively from malfunctioning style, materials 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 stipulation 35, all express and indicated guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Goods, their use and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods 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, installation, or operation of the Product; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or staff members.

34. If the Product 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 products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Item or getting equivalent Item; (d) the payment of the expense of having the Goods repaired (Group Training in Carramar WA).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, cost lists and other advertising matter, are planned simply to give an indication of the goods explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that effect may be attached and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in The Vines Western Australia.

If the Seller has actually followed a style or directions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties 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 specifically agreed by us in composing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Singara . Unless defined somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding change declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Item that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.