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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when required 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 difference between the Purchase Cost and the price that would have been the Purchase Price if the error had actually not been made.

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

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If the Item are re-sold, or products produced utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the fact that the Item become components connected to the premises of the Buyer or a third party, and if the Seller goes into those premises for the function of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Sorrento 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 defect or failure, is limited to making excellent the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under appropriate use and which develop solely from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all express and suggested service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Goods, their use and application, are specifically 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 occurring out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller shall make great the flaw by doing any among the following at its option: (a) fixing the Product; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or 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 Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or acquiring comparable Item; (d) the payment of the expense of having actually the Item fixed (Gym in Marangaroo ).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, cost lists and other advertising matter, are intended merely to provide a sign of the products described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that result may be attached and it should not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in Darch .

If the Seller has followed a design or guidelines provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, 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, warranties and guarantees whatsoever on our part whether expressed or implied will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages shall 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 appropriate jurisdiction in Australia. 43 - Personal Training in Carramar . Unless specified in other places it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement any place and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been provided which will be provided in the future by FLEX FITNESS Devices to the Customer.