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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's properties (or the premises of any associated Business or representative where the Goods are located) 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 Goods are re-sold, or items produced using the Item are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Goods offered in a different identifiable account as the useful property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the truth that the Item become components connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering ownership of the items, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Wanneroo WA.

Our liability in respect of any flaw in, or failure of the items 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 approval of the goods, and is just valid for flaws or failure under proper usage and which arise solely from malfunctioning style, materials 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 purchaser. 32. Other than as supplied in stipulation 35, all reveal and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their use and application, are specifically excluded.

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The Seller shall not be accountable 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 Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the cost of having the Product fixed (Nutritionist in The Vines ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, cost lists and other advertising matter, are meant simply to offer an indication of the products explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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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 impact might be attached and it should not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Training in The Vines .

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation 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 specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Woodvale WA. Unless defined elsewhere it is the buyer's responsibility to get any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, financing modification declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.