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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees 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 thinks about the Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the facilities of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Goods are sold by the Buyer, the Buyer shall 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 Goods offered in a different recognizable account as the advantageous property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the reality that the Item end up being fixtures attached to the facilities of the Purchaser or a 3rd celebration, and if the Seller enters those properties for the function of recovering possession of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Hillarys .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is just valid for flaws or failure under correct use and which arise entirely from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and suggested service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer regarding the Item, their use and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring 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 agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are defective, the Seller will make excellent the defect by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or acquiring equivalent Product; (d) the payment of the expense of having the Product fixed (Personal Training in henley Brook ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, cost lists and other advertising matter, are planned simply to offer a sign of the goods described therein and none of these shall form part of the contract unless specifically agreed 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 impact might be attached and it should not be ruined eliminated or removed from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Personal Trainer in Carramar Western Australia.

If the Seller has followed a design or guidelines provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, 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 design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any contract, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Lansdale . Unless specified somewhere else it is the purchaser's obligation to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

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

45. 1 In this stipulation financing declaration, funding 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 writing the Consumer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.