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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 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 concern of the Credit Note.

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

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually 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 fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's properties (or the facilities of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Item sold in a separate identifiable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not affected 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 goes into those properties for the function of reclaiming belongings of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Darch Western Australia.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under appropriate use and which arise exclusively from defective style, materials or craftsmanship.

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. Other than as offered in clause 35, all express and indicated warranties, 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, installation, products or workmanship; or (c) advice, recommendations, info or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their use 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 emerging out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited 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 Goods or getting equivalent Goods; (d) the payment of the cost of having the Item fixed (Personal Trainer in henley Brook Western Australia).

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 initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other advertising matter, are intended simply to offer an indicator of the items described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it should not be ruined eliminated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Personal Training in Joondalup Western Australia.

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding 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 guarantees whatsoever on our part whether revealed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Gym in Carramar . Unless defined in other places it is the buyer's duty to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of performance of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing modification statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.