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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer 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 includes an error, such a mistake of the Purchase Cost, the Seller might 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 Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

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

The Seller reserves the list below rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the facilities of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Goods are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Item offered or used in the manufacture of the Product sold in a separate identifiable account as the advantageous home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the fact that the Product end up being fixtures connected to the properties of the Purchaser or a third party, and if the Seller goes into those facilities for the function of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Padbury Western Australia.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under proper usage and which emerge entirely from defective style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all express and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller shall make excellent the defect by doing any one of the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; 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 liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Group Training in Singara WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, price lists and other marketing matter, are meant simply to offer a sign of the goods explained therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that effect may be attached and it must not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Carramar Western Australia.

If the Seller has followed a design or directions given by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and costs of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any agreement, 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 expressed or suggested shall form part of this agreement 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 shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Ellenbrook WA. Unless specified in other places it is the buyer's obligation to get any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the very same is prevented, disappointed or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.