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

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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

30. The Seller's home in the Product is not impacted by the reality that the Item become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in The Vines Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is only legitimate for defects or failure under correct use and which arise exclusively from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all express and implied warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, details or services offered by the Seller, its workers, servants or agents to the Buyer relating to the Product, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Goods are malfunctioning, the Seller shall make good the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or obtaining equivalent Product; (d) the payment of the cost of having the Item fixed (Group Training in Greenwood ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first 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, details of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are meant simply to provide a sign of the items described 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 styles or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it should not be ruined obliterated 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 items. Personal Training in The Vines .

If the Seller has actually followed a style or directions offered by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Wanneroo Western Australia. Unless specified in other places it is the buyer's responsibility to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have actually formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.