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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 Purchaser concurs that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Rate 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 Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the facilities of any associated Company or representative where the Item lie) 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 Product are re-sold, or products manufactured using the Product are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Item offered or utilized in the manufacture of the Item offered in a separate identifiable account as the advantageous property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the fact that the Goods end up being components attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the goods, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Gnangara Western Australia.

Our liability in respect of any flaw 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 defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under correct use and which arise exclusively from defective style, materials 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 purchaser. 32. Except as provided in clause 35, all express and suggested warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services supplied by the Seller, its workers, servants or agents to the Buyer relating to the Product, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage arising 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 Product; or (c) the suggestions, recommendations, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Item; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 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 Goods or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or getting comparable Goods; (d) the payment of the cost of having the Item fixed (Personal Trainer in Woodvale ).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) 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 dimensions contained in our catalogues, cost lists and other advertising matter, are planned simply to offer a sign of the goods explained 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 features are embodied in the design of the items, an imprint to that effect might be affixed and it should not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Padbury .

If the Seller has followed a design or directions provided by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and costs of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or direction provided 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 disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will 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 - Personal Training in Sorrento WA. Unless specified in other places it is the buyer's duty to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or responsibility of efficiency of this contract any place and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Item that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.