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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 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 pertaining to the issue of the Credit Note.

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

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost 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 Goods up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to acquire 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 manufactured utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice rate of the Goods offered or utilized in the manufacture of the Goods offered in a different recognizable account as the advantageous home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Item become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Wangara WA.

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under appropriate use and which develop solely from malfunctioning style, materials 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 buyer. 32. Other than as offered in provision 35, all reveal and suggested warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Product, their use and application, are expressly omitted.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial 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 representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller will make excellent the defect by doing any among the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or obtaining comparable Goods; (d) the payment of the expense of having the Goods fixed (Group Training in Sorrento ).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered 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 dimensions contained in our catalogues, price lists and other marketing matter, are intended simply to offer an indication of the products 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 design of the items, an imprint to that impact may be affixed and it needs to not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Group Training in The Vines WA.

If the Seller has followed a style or directions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and costs of the Seller emerging from any violation of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence 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 hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Ellenbrook WA. Unless specified somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this contract any place and to the level to which fulfilment of the very same is avoided, disappointed or hindered as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, funding change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these conditions make up a security arrangement for the purposes of the PPSA and creates 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 Customer.