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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of business great 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 contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the facilities of any associated Company or agent 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 Item repossessed pursuant to (b) above.

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

30. The Seller's property in the Goods is not impacted by the reality that the Goods become components connected to the properties of the Purchaser or a third party, and if the Seller enters those facilities for the function of recovering belongings of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Tapping .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under correct use and which arise entirely from faulty 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 buyer. 32. Except as supplied in provision 35, all express and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its workers, servants or agents to the Purchaser relating to the Product, their usage and application, are specifically excluded.

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The Seller shall 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 Product including loss or damage developing as an outcome 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 recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller will make good the flaw by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Goods; 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 indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in Wanneroo Western Australia).

36. The Buyer should not return any Product which the Purchaser 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 Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other marketing matter, are intended simply to provide an indication of the products described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that result might be affixed and it should not be defaced obliterated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Joondalup Western Australia.

If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller occurring from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing 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 will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Ellenbrook Western Australia. Unless defined in other places it is the buyer's duty to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the exact same is prevented, disappointed or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

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