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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser 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 consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost 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 Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the facilities of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced utilizing the Product are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Item sold or used in the manufacture of the Goods offered in a different identifiable account as the beneficial residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Item become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of reclaiming belongings of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Padbury Western Australia.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under appropriate use and which arise solely from defective style, materials or craftsmanship.

Without restricting 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 suggested guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or getting equivalent Product; (d) the payment of the expense of having actually the Product fixed (Personal Training in Marangaroo ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are planned merely to give a sign of the goods 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, registered designs or copyright features are embodied in the style of the goods, an imprint to that impact might be affixed and it must not be defaced obliterated or eliminated from the goods. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Gym in Greenwood Western Australia.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall 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 assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically stated 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 will 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Gnangara Western Australia. Unless defined somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the very same is prevented, disappointed or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.