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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the cost that would have been the Purchase Price if the error had actually 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 Goods; (b) to go into the Buyer's facilities (or the properties of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Goods 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 Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods offered or used in the manufacture of the Goods offered in a different recognizable account as the advantageous residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Product end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the function of reclaiming ownership of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Gnangara 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 defect or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper usage and which arise solely from malfunctioning design, products 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 buyer. 32. Except as supplied in clause 35, all reveal and suggested service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, information or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Item, their use and application, are specifically left out.

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The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller will make good the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or getting comparable Item; (d) the payment of the expense of having actually the Goods fixed (Group Training in henley Brook Western Australia).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, price lists and other marketing matter, are planned merely to offer an indicator of the items explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that result might be attached and it must not be ruined wiped out or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Group Training in Greenwood Western Australia.

If the Seller has actually followed a design or instructions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller emerging from any violation of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Singara Western Australia. Unless specified somewhere else it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement anywhere and to the extent to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding change declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.