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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 Buyer agrees that the problem of the Credit Note is an act of industrial 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 considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually not been made.

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

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If the Product are re-sold, or products manufactured utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods offered in a different identifiable account as the helpful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods become components connected to the premises of the Purchaser or a third celebration, and if the Seller gets in those facilities for the function of reclaiming belongings of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Carramar .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is just valid for defects or failure under proper usage and which emerge exclusively from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall 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 service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Department 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 changing the Product or obtaining comparable Product; (d) the payment of the expense of having actually the Product fixed (Gym in Hillarys Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, price lists and other marketing matter, are intended simply to offer an indication of the products 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 functions are embodied in the style of the items, an imprint to that effect might be affixed and it must not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Personal Training in Hillarys Western Australia.

If the Seller has followed a style or directions offered by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and costs of the Seller arising from any infringement of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Carramar . Unless defined somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or duty of performance of this agreement wherever and to the level to which fulfilment of the very same is prevented, disappointed or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms make up a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.