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25. If the Seller issues 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 business 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 considers the Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked 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 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 Product till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the facilities of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to take ownership of 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 items made utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Product sold in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the products, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Ocean Reef WA.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just valid for flaws or failure under proper use and which occur exclusively from defective design, materials or workmanship.

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. Except as supplied in clause 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or agents to the Purchaser concerning the Item, their use and application, are expressly omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing 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 agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are malfunctioning, the Seller shall make good the flaw by doing any one of 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 been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Tapping ).

36. The Purchaser needs to 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other advertising matter, are planned simply to provide a sign of the items described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that effect might be attached and it should not be ruined obliterated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Gym in Brabham Western Australia.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Mullaloo Western Australia. Unless defined in other places it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the same is prevented, annoyed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing change statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.