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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of business great 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 Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the properties of any associated Business or representative where the Goods 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 Goods are re-sold, or items made utilizing the Goods are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Product offered in a different identifiable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the truth that the Goods become fixtures connected to the properties of the Purchaser or a 3rd celebration, and if the Seller gets in those premises for the function of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Ellenbrook .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under correct use and which emerge solely from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Product, their usage and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or financial 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 developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Item or obtaining comparable Product; (d) the payment of the expense of having the Goods repaired (Personal Training in Edgewater WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given 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 catalogues, rate lists and other advertising matter, are planned merely to give an indication of the items explained therein and none of these will form part of the agreement unless particularly agreed 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 impact might be affixed and it should not be defaced wiped out 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 Training in Brabham .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or implied shall 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 writing no arrangement for liquidated damages shall form part of the contract.

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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 - Group Training in henley Brook WA. Unless specified elsewhere it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or hindered as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, financing change declaration, security arrangement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Item that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.