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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining 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 Rate, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Product; 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 produced utilizing the Goods are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item sold in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the truth that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Singara Western Australia.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under appropriate use and which develop entirely from malfunctioning style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express 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 purpose; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or agents to the Buyer relating to the Product, their usage and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are faulty, the Seller will make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus 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 Goods or obtaining equivalent Item; (d) the payment of the expense of having the Item repaired (Personal Training in Gnangara Western Australia).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially provided 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 catalogues, cost lists and other advertising matter, are planned merely to offer an indication of the products explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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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 might be attached and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Warwick .

If the Seller has actually followed a style or guidelines given by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty 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 warranties whatsoever on our part whether expressed or implied shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Tapping WA. Unless defined somewhere else it is the buyer's obligation to acquire any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded 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 provision financing statement, funding change statement, security agreement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.