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

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

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

The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the premises of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to acquire the Goods; 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 Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Product offered in a different recognizable account as the useful residential or commercial property 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 Product become fixtures connected to the properties of the Buyer or a third party, and if the Seller enters those properties for the function of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Greenwood .

Our liability in respect of any defect in, or failure of the goods provided, 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 period is 12 months from the date of acceptance of the items, and is only legitimate for defects or failure under appropriate use and which arise solely from faulty design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, products or workmanship; or (c) recommendations, suggestions, info or services offered by the Seller, its workers, servants or representatives to the Buyer regarding the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential 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 representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or acquiring comparable Product; (d) the payment of the cost of having actually the Goods repaired (Personal Training in The Vines ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, catalog and other marketing matter, are meant simply to give an indicator of the items described therein and none of these shall 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 items, an imprint to that impact might be affixed and it must not be defaced eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Group Training in Tapping .

If the Seller has followed a style or directions offered by the Buyer, the Buyer shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing 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 guideline given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Greenwood WA. Unless defined in other places it is the buyer's obligation to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is prevented, annoyed or hindered as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.