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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial great 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 thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the price that would have been the Purchase Rate if the mistake had not been made.

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

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If the Item are re-sold, or products produced utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Item offered or utilized in the manufacture of the Product sold in a separate recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the truth that the Product end up being fixtures connected to the premises of the Purchaser or a third celebration, and if the Seller goes into those premises for the purpose of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Pearsall .

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for flaws or failure under appropriate 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. Other than as supplied in provision 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Goods, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the items 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 service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Item; (d) the payment of the cost of having the Product fixed (Group Training in Mullaloo WA).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are intended simply to provide a sign of the goods described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it must not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Ellenbrook WA.

If the Seller has followed a design or guidelines given by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and deliveries might 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 preventing or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service 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 concurred by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Greenwood . Unless defined somewhere else it is the purchaser's responsibility to get any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding change declaration, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms make up a security arrangement for the functions of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.