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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 Buyer agrees that the concern of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, 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 elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Buyer's facilities (or the facilities of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to take belongings of 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 utilizing the Goods are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Item offered in a separate recognizable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the fact that the Item become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the items, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in The Vines .

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under appropriate usage and which occur exclusively from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) guidance, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Goods are faulty, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or acquiring comparable Product; (d) the payment of the cost of having the Product fixed (Gym in Woodvale WA).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered 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, particulars of weights and measurements contained in our catalogues, cost lists and other marketing matter, are intended merely to offer an indication of the products described 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 designs or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it should not be ruined wiped out or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Personal Training in Padbury Western Australia.

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

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade conflict, 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 efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in henley Brook . Unless defined elsewhere it is the buyer's obligation to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, frustrated or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions constitute a security arrangement for the functions of the PPSA and produces a security interest in all Item that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.