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

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate 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 Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the properties of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Item are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not impacted by the reality that the Goods become fixtures connected to the facilities of the Purchaser or a third party, and if the Seller enters those premises for the function of reclaiming possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Gnangara WA.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great 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 correct usage and which occur solely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all reveal and indicated guarantees, assurances 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) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their use and application, are expressly left out.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, details or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller will make good the flaw by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Item; (d) the payment of the cost of having the Product fixed (Personal Training in Woodvale ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, rate lists and other marketing matter, are intended simply to offer an indication of the items described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it must not be ruined obliterated or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Gym in Sorrento Western Australia.

If the Seller has followed a style or directions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and costs of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision for liquidated damages will 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 Ocean Reef Western Australia. Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the exact same is prevented, frustrated or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.