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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue 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 pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had not been made.

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

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If the Product are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Item sold in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Product end up being components attached to the facilities of the Purchaser or a third celebration, and if the Seller enters those premises for the function of reclaiming possession of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Padbury WA.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is just valid for flaws or failure under proper use and which arise solely from faulty design, products or workmanship.

Without restricting 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 offered in clause 35, all reveal and implied guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its workers, servants or representatives to the Buyer regarding the Goods, their use and application, are expressly left out.

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The Seller shall not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or obtaining equivalent Item; (d) the payment of the expense of having actually the Product repaired (Personal Training in Mullaloo Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other marketing matter, are intended merely to provide an indication of the goods explained therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that impact might be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Group Training in Sorrento Western Australia.

If the Seller has actually followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and costs of the Seller emerging from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, 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 shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Ocean Reef WA. Unless defined in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, funding modification declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.