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

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price 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 Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the properties of any associated Business or representative where the Item 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 Item are re-sold, or items made utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Product offered in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Goods end up being fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of reclaiming belongings of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Padbury 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 problem or failure, is limited to making great the flaw or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is only valid for problems or failure under proper usage and which occur solely from defective style, materials or workmanship.

Without limiting 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 supplied in clause 35, all reveal and indicated warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) guidance, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller shall make great the problem by doing any among the following at its option: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Product; (d) the payment of the expense of having actually the Product repaired (Personal Training in Aveley ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially 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, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are intended merely to offer an indicator of the products 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 goods, an imprint to that impact might be affixed and it must not be defaced eliminated or removed from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Group Training in Warwick Western Australia.

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

Contracts and deliveries might be suspended in the event 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 performance of any agreement, and no duty 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 revealed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages shall form part of the agreement.

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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 appropriate jurisdiction in Australia. 43 - Personal Trainer in Gnangara Western Australia. Unless defined elsewhere it is the buyer's duty to obtain any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the very same is prevented, frustrated or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.