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25. If the Seller concerns a Credit Note to the Purchaser (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 commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation contains an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer's premises (or the properties of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Goods offered in a different identifiable account as the advantageous home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods become components connected to the properties of the Purchaser or a third celebration, and if the Seller goes into those premises for the purpose of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Greenwood Western Australia.

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under appropriate usage and which develop solely from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all express and suggested warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Product, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage arising 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 guidance, recommendations, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make good the defect by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

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

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other advertising matter, are intended simply to provide an indication of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect might be attached and it should not be defaced eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Gym in Sorrento WA.

If the Seller has followed a style or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied shall 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 agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Gnangara WA. Unless defined in other places it is the buyer's responsibility to get any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is prevented, disappointed or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing modification statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.