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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business 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 Quote consists of a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced utilizing the Product are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Product sold in a different identifiable account as the beneficial home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Padbury Western Australia.

Our liability in respect 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 excellent the problem or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which emerge exclusively from malfunctioning design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all reveal and indicated guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, suggestions, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their usage and application, are expressly left out.

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The Seller shall 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 Item including 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, installation, or operation of the Goods; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated 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 Product; (c) the payment of the cost of changing the Goods or getting equivalent Product; (d) the payment of the expense of having the Goods fixed (Personal Training in Carramar ).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, cost lists and other marketing matter, are planned simply to provide an indicator of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the items, an imprint to that result may be attached and it should not be defaced wiped out or removed from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Training in Mullaloo .

If the Seller has actually followed a style or directions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger 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 hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Ocean Reef . Unless defined in other places it is the purchaser's duty to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the very same is avoided, frustrated or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, financing modification declaration, security contract, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and creates a security interest in all Item that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Client.