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

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If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item 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 agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods till 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 Business or agent where the Item are situated) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Goods are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Product offered in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Product end up being fixtures connected to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those facilities for the purpose of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Singara WA.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is only valid for problems or failure under proper use and which arise exclusively 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 purchaser. 32. Except as provided in clause 35, all express and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, information or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Item, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the problem by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or acquiring equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Personal Training in The Vines ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) 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, rate lists and other advertising matter, are intended simply to provide an indication of the items explained therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that result might be attached and it should not be defaced eliminated or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Group Training in Ellenbrook WA.

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

Agreements and shipments may be suspended in the occasion 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 trigger beyond our control preventing or delaying 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 passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no arrangement 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Pearsall Western Australia. Unless defined somewhere else it is the purchaser's responsibility to acquire any permits and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the very same is avoided, frustrated or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification statement, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Item that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.