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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 agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Item are offered by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Item sold or used in the manufacture of the Item sold in a different recognizable account as the beneficial home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's home in the Item is not affected by the reality that the Goods become components attached to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Marangaroo Western Australia.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is only valid for defects or failure under correct usage and which develop solely from defective style, products 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. Other than as provided in clause 35, all reveal and implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make excellent the flaw by doing any among the following at its option: (a) fixing the Item; or (b) changing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or acquiring comparable Goods; (d) the payment of the expense of having actually the Item fixed (Gym in Ocean Reef Western Australia).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, rate lists and other advertising matter, are meant simply to offer a sign of the products explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that effect may be attached and it must not be defaced eliminated or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Pearsall .

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

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in writing no provision for liquidated damages will 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 suitable jurisdiction in Australia. 43 - Group Training in Pearsall . Unless specified elsewhere it is the buyer's obligation to get any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing change statement, security arrangement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.