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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern 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 issue of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Rate, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item offered 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 Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the properties of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to seize the Item; 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 using the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Item sold 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 fact that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of reclaiming possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Aveley Western Australia.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only valid for defects or failure under correct usage and which occur entirely from malfunctioning design, materials or workmanship.

Without restricting 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 offered in stipulation 35, all reveal and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are specifically excluded.

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The Seller will not be liable to the Buyer 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 occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any one of the following at its alternative: (a) repairing the Item; or (b) changing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 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 Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or getting equivalent Item; (d) the payment of the cost of having the Product repaired (Group Training in Singara ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other marketing matter, are planned simply to offer an indication of the items described therein and none of these shall 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 result may be attached and it must not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Aveley .

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring 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 given by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control preventing 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 passing up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will 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 appropriate jurisdiction in Australia. 43 - Personal Trainer in Darch . Unless specified in other places it is the buyer's obligation to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or duty of performance of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing declaration, funding modification statement, security contract, 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 terms and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.