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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern 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 relating to the concern of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Product are offered by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Item offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the reality that the Product end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the products, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Padbury Western Australia.

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the products, and is only valid for problems or failure under appropriate usage and which occur exclusively from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, products or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller will make excellent the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually 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 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or getting comparable Item; (d) the payment of the cost of having actually the Goods fixed (Nutritionist in Ellenbrook ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote 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, particulars of weights and dimensions included in our catalogues, catalog and other marketing matter, are intended simply to provide a sign of the items described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be affixed and it needs to not be defaced wiped out 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 goods. Gym in henley Brook .

If the Seller has followed a style or directions given by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed 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 brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Darch . Unless defined in other places it is the buyer's responsibility to obtain any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

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

45. 1 In this provision financing statement, funding modification statement, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.