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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 relating to the problem of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the cost 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 Product till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Item; 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 Product are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Item offered in a separate identifiable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Product become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Darch Western Australia.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is just valid for problems or failure under proper usage and which arise solely from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its workers, servants or representatives to the Buyer concerning the Goods, their usage and application, are specifically omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

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

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given 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 included in our brochures, catalog and other advertising matter, are intended simply to provide a sign of the items described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that result might be affixed and it should not be ruined wiped out or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Group Training in Mullaloo .

If the Seller has actually followed a style or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller emerging from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

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

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

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Ocean Reef . Unless specified somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the very same is avoided, frustrated or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.