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

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If the Seller considers the Quote consists of an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Business or representative 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 Product are re-sold, or items produced utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item offered in a different identifiable account as the useful residential or commercial property 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 fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming belongings of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Greenwood .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the items, and is just valid for defects or failure under proper use and which develop solely from malfunctioning style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all express and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make good the defect by doing any among the following at its option: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or acquiring equivalent Item; (d) the payment of the expense of having actually the Goods repaired (Personal Trainer in Ocean Reef 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 initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, rate lists and other marketing matter, are planned merely to give a sign of the products described therein and none of these will form part of the contract unless specifically 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 result may be attached and it must not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Gym in Gnangara .

If the Seller has followed a style or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or implied will form part of this contract unless specifically 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 provision 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 proper jurisdiction in Australia. 43 - Gym in Ellenbrook Western Australia. Unless specified elsewhere it is the buyer's duty to get any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this agreement anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees 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 provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.