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

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the properties of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to take possession of 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 manufactured using the Item are sold by the Purchaser, the Buyer shall 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 Goods sold in a separate recognizable account as the useful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Joondalup WA.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate usage and which develop entirely from defective design, materials or craftsmanship.

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 stipulation 35, all express and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its staff members, servants or agents to the Buyer regarding the Product, their use and application, are specifically left out.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing 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 representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make excellent the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Goods or acquiring equivalent Product; (d) the payment of the expense of having the Goods fixed (Personal Training in Edgewater Western Australia).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided 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, details of weights and measurements included in our catalogues, price lists and other marketing matter, are meant merely to provide an indication of the items described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that effect might be attached and it must not be defaced eliminated or removed from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in The Vines .

If the Seller has actually followed a design or guidelines offered by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 lawsuits in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Darch . Unless specified in other places it is the purchaser's obligation to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the very same is avoided, frustrated or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, financing change declaration, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Item that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.