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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern 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 referring to the concern of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the premises of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Item; 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 Goods sold or used in the manufacture of the Product sold in a separate identifiable account as the helpful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not impacted by the fact that the Goods end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Wanneroo .

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 limited to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under proper usage and which arise entirely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or 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 employees, servants or representatives to the Purchaser regarding the Product, their usage and application, are expressly left out.

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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 arising out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's agents or workers.

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

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or getting equivalent Item; (d) the payment of the expense of having the Goods fixed (Group Training in Sorrento Western Australia).

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 actually first offered its (written) 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, price lists and other marketing matter, are meant merely to provide a sign of the items described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result might be affixed and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Group Training in Edgewater WA.

If the Seller has actually followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and shipments may be suspended in case 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 avoiding or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in composing no arrangement 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Lansdale . Unless defined somewhere else it is the buyer's responsibility to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this contract wherever and to the degree to which fulfilment of the very same is prevented, annoyed or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing declaration, financing change declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.