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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer 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 miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the error had actually not been made.

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

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If the Product are re-sold, or items manufactured using the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product sold in a separate recognizable account as the useful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Goods become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wangara .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under appropriate use and which develop solely from malfunctioning design, products 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. Other than as supplied in clause 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their use and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage developing 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 Product; or (c) the advice, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or getting equivalent Product; (d) the payment of the expense of having actually the Product fixed (Personal Training in henley Brook WA).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are meant merely to offer a sign of the items described 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 products, an imprint to that result may be attached and it should not be defaced wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Hillarys WA.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no arrangement 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Hillarys Western Australia. Unless defined somewhere else it is the purchaser's duty to get any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the very same is prevented, annoyed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, financing change declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.