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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake 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 contract is cancelled after shipment of the Goods, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated 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 rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the properties of any associated Company or agent 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 Item are re-sold, or products made using the Item are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Product offered in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering belongings of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Joondalup .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is only valid for problems or failure under appropriate use and which emerge entirely from malfunctioning design, materials or workmanship.

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 offered in clause 35, all express and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Product, 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 consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make good the defect by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing 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 responsible for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or acquiring equivalent Item; (d) the payment of the cost of having actually the Item fixed (Group Training in Warwick Western Australia).

36. The Buyer must not return any Goods 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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to provide an indication of the items explained therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect might be affixed and it should not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Group Training in Sorrento .

If the Seller has followed a design or instructions offered by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and costs of the Seller developing from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty will connect 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 expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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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 proper jurisdiction in Australia. 43 - Gym in Marangaroo . Unless specified somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or responsibility of efficiency of this agreement anywhere and to the level to which fulfilment of the very same is avoided, annoyed 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 stipulation funding statement, financing modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.