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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of industrial good 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 a mistake, such a miscalculation of the Purchase Cost, 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 Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Price and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the premises of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced using the Product are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the useful home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not affected by the reality that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Wanneroo .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is just valid for problems or failure under proper usage and which occur solely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and indicated guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their usage and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser 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 implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having actually the Product repaired (Gym in Singara ).

36. The Purchaser must not return any Goods 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 should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other advertising matter, are intended merely to give a sign of the items described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that result might be affixed and it must not be defaced eliminated or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the goods. Gym in Mullaloo .

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

Agreements and deliveries 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 occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision for liquidated damages will 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Padbury . Unless specified elsewhere it is the buyer's obligation to acquire 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 responsibility of efficiency of this contract wherever and to the level to which fulfilment of the same is prevented, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.