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

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

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Price and the rate that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to seize the Goods; 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 made utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Goods offered or utilized in the manufacture of the Goods sold in a different identifiable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Goods become fixtures attached to the facilities of the Buyer or a third celebration, and if the Seller goes into those premises for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ocean Reef 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 restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under correct use and which develop exclusively from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all reveal and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its staff members, servants or representatives to the Buyer concerning the Product, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary 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 developing as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any one of the following at its option: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or acquiring equivalent Product; (d) the payment of the cost of having the Product repaired (Group Training in Wangara WA).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given 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 dimensions consisted of in our catalogues, cost lists and other marketing matter, are planned simply to offer an indication of the products explained therein and none of these will form part of the contract unless particularly concurred 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 should not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Carramar .

If the Seller has actually followed a style or directions offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Carramar . Unless specified elsewhere it is the purchaser's duty to acquire any permits and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, annoyed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.