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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial excellent 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 considers the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

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

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

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If the Goods are re-sold, or products made utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Item offered in a different identifiable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not affected by the fact that the Product become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the function of reclaiming belongings of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Lansdale .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under correct use and which arise solely from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all express and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their usage and application, are expressly omitted.

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The Seller shall not be accountable 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 Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller shall make great the problem by doing any among the following at its choice: (a) repairing the Goods; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible 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 Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Goods or getting comparable Product; (d) the payment of the expense of having the Goods repaired (Personal Training in Tapping ).

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 (written) 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 measurements consisted of in our catalogues, price lists and other marketing matter, are intended simply to give an indication of the items explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it must not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Personal Training in Tapping WA.

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Greenwood Western Australia. Unless specified in other places it is the purchaser's duty to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this agreement anywhere and to the extent to which fulfilment of the same is avoided, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, financing change statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.