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

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the rate 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 Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the facilities of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Product; 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 made using the Item are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Product sold in a separate recognizable account as the useful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the reality that the Product end up being fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Warwick .

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is only valid for flaws or failure under proper use and which occur solely 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 buyer. 32. Except as provided in clause 35, all reveal and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or representatives to the Purchaser regarding the Item, their usage and application, are specifically omitted.

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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 arising out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller shall make great the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or getting equivalent Product; (d) the payment of the expense of having the Item repaired (Personal Trainer in Darch Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are meant merely to give a sign of the items explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that result may be affixed and it needs to not be ruined obliterated or gotten rid of from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Personal Trainer in Wangara .

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

Agreements and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Joondalup . Unless specified elsewhere it is the purchaser's responsibility to acquire any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or obligation of efficiency of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, annoyed or hindered as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Product that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.