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25. If the Seller concerns 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 commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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

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

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

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If the Product are re-sold, or products produced utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Product offered in a separate recognizable account as the beneficial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Aveley Western Australia.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under appropriate usage and which emerge solely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Purchaser relating to the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make excellent the defect by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has 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 Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or acquiring comparable Product; (d) the payment of the expense of having actually the Item fixed (Gym in Sorrento ).

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 actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other advertising matter, are intended simply to give an indication of the products explained 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 styles or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it must not be defaced eliminated or removed from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Group Training in Singara Western Australia.

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

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no arrangement 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 proper jurisdiction in Australia. 43 - Personal Trainer in Lansdale WA. Unless specified elsewhere it is the purchaser's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the exact same is avoided, annoyed or prevented as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.