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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser 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 Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the price that would have been the Purchase Price if the mistake had 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 completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Goods are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods offered in a different recognizable account as the beneficial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Item become components attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Ellenbrook Western Australia.

Our liability in respect of any flaw in, or failure of the products provided, 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 cost. Our guarantee period is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under correct use and which emerge exclusively from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in clause 35, all reveal and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make excellent the problem by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods 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 warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or getting comparable Item; (d) the payment of the cost of having the Goods fixed (Gym in Joondalup WA).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, rate lists and other advertising matter, are planned merely to give a sign of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact may be affixed and it must not be defaced eliminated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Gym in Singara WA.

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages shall 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 generated the Court of proper jurisdiction in Australia. 43 - Gym in Ocean Reef Western Australia. Unless specified somewhere else it is the purchaser's duty to get any permits and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the very same is avoided, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing declaration, funding change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.