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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial good 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 Quotation consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to seize 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 items produced using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Product sold in a separate identifiable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Item become fixtures attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in The Vines .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is just valid for defects or failure under appropriate use and which arise solely from defective design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all express and implied service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, info or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make great the defect by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Gym in Aveley ).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, price lists and other marketing matter, are planned merely to offer an indication of the items described therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that result may be attached and it needs to not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Gym in Gnangara Western Australia.

If the Seller has actually followed a style or guidelines given by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated 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 concurred by us in writing no provision for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Marangaroo . Unless specified somewhere else it is the purchaser's responsibility to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement any place and to the extent to which fulfilment of the exact same is avoided, disappointed or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have previously been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.