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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial excellent 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 a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the rate that would have been the Purchase Cost 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 completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (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 Product repossessed pursuant to (b) above.

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

30. The Seller's residential or commercial property in the Goods is not impacted by the reality that the Goods end up being components connected to the facilities of the Buyer or a third party, and if the Seller gets in those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Woodvale Western Australia.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under correct usage and which arise entirely from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all express and suggested guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, info or services supplied by the Seller, its workers, servants or agents to the Buyer relating to the Product, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services offered by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or guarantee suggested 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 comparable Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Product fixed (Personal Training in Carramar Western Australia).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other marketing matter, are intended simply to give a sign of the items explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it should not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Lansdale .

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Lansdale . Unless specified in other places it is the purchaser's responsibility to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this contract anywhere and to the extent to which fulfilment of the same is avoided, annoyed or hindered as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing modification 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 Customer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Item that have actually previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.