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

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had actually not been made.

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

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If the Product are re-sold, or items produced utilizing the Item are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or utilized in the manufacture of the Product offered in a different recognizable account as the beneficial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods end up being fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming belongings of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Hillarys Western Australia.

Our liability in respect of any defect in, or failure of the products provided, 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 duration is 12 months from the date of approval of the products, and is only legitimate for problems or failure under proper use and which develop exclusively from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all express and implied service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller will make great the defect by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or acquiring equivalent Item; (d) the payment of the cost of having actually the Product repaired (Gym in Carramar WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially given 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, particulars of weights and dimensions contained in our catalogues, cost lists and other marketing matter, are meant merely to give a sign of the products described therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that effect may be attached and it must not be defaced wiped out or removed from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Singara WA.

If the Seller has followed a style or guidelines provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty 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 assurances whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Greenwood WA. Unless defined elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the very same is prevented, annoyed or hindered 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 provision financing statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.