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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem 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 issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Product offered in a separate identifiable account as the helpful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not affected by the truth that the Product end up being fixtures connected to the properties of the Buyer or a third party, and if the Seller gets in those facilities for the function of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Darch WA.

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is only legitimate for flaws or failure under proper use and which arise entirely from malfunctioning style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller will make excellent the problem by doing any one of the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items 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 warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or obtaining equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Group Training in Singara WA).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other advertising matter, are intended simply to offer an indication of the goods explained therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that result might be attached and it needs to not be ruined wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Gym in Sorrento Western Australia.

If the Seller has followed a design or directions offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller arising from any violation of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Gnangara . Unless defined elsewhere it is the purchaser's obligation to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement any place 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 appropriation order or ruling made there under.

45. 1 In this provision funding statement, financing modification declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms constitute a security arrangement for the functions of the PPSA and creates a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.