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25. If the Seller concerns a Credit Note to the Buyer (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 business great 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 Quotation includes a mistake, such a mistake 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 delivery of the Goods, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in 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 following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's properties (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Product sold in a separate recognizable account as the helpful residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not affected by the reality that the Product become components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Gnangara Western Australia.

Our liability in regard of any defect in, or failure of the products supplied, 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 warranty period is 12 months from the date of approval of the items, and is just legitimate for flaws or failure under appropriate use and which occur solely from faulty style, products or workmanship.

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 clause 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or getting comparable Product; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Wanneroo WA).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, price lists and other advertising matter, are meant simply to provide an indicator of the items explained therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that impact may be attached and it should not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Ellenbrook .

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall connect 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 suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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

We will be eased of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the very same is avoided, disappointed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding modification declaration, security agreement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.