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

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If the Seller considers the Quote consists of a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Price and the cost that would have been the Purchase Price if the mistake 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 Goods; (b) to get in the Purchaser's properties (or the properties of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Goods; 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 using the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Item sold in a separate identifiable account as the advantageous property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not affected by the reality that the Item become components connected to the premises of the Purchaser or a 3rd celebration, and if the Seller goes into those facilities for the function of recovering possession of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Mullaloo Western Australia.

Our liability in respect 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 flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under correct use and which arise exclusively from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all reveal and implied service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, information or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly excluded.

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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 arising out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or obtaining equivalent Item; (d) the payment of the expense of having actually the Goods repaired (Personal Training in Ocean Reef Western Australia).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided 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 dimensions included in our catalogues, price lists and other advertising matter, are intended simply to offer an indication of the items explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that impact might be affixed and it must not be defaced wiped out or eliminated from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Warwick .

If the Seller has followed a style or instructions provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller emerging from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless specifically 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 shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Wanneroo Western Australia. Unless specified somewhere else it is the purchaser's duty to obtain any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the exact same is avoided, 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 clause financing declaration, financing change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.