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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 Purchaser agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote includes a mistake, 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 Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Cost and the price that would have been the Purchase Price if the error had not been made.

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

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If the Product are re-sold, or products manufactured using the Goods are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item offered in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Goods end up being fixtures attached to the facilities of the Buyer or a third celebration, and if the Seller gets in those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Woodvale WA.

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is just valid for problems or failure under correct usage and which emerge entirely from defective design, materials or craftsmanship.

Without limiting 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 supplied in clause 35, all express and implied warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, info or services offered by the Seller, its staff members, servants or agents to the Purchaser regarding the Item, their use and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make good the flaw by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from 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 Goods; (c) the payment of the cost of replacing the Goods or getting comparable Goods; (d) the payment of the cost of having actually the Product fixed (Gym in Ellenbrook ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, cost lists and other marketing matter, are intended simply to offer an indicator of the goods explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it must not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Nutritionist in The Vines Western Australia.

If the Seller has followed a style or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no obligation will 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 warranties whatsoever on our part whether expressed or implied will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Mullaloo WA. Unless defined in other places it is the buyer's obligation to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change declaration, security arrangement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have actually formerly been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.