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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 Purchaser agrees that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's properties (or the properties of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to seize the Item; 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 produced utilizing the Goods are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Item offered 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 residential or commercial property in the Goods is not affected by the truth that the Item become fixtures connected to the premises of the Buyer or a third party, and if the Seller enters those premises for the purpose of reclaiming possession of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Aveley .

Our liability in regard of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem 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 defects or failure under appropriate usage and which arise exclusively from faulty design, products 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. Other than as provided in provision 35, all express and indicated guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Goods, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or acquiring comparable Item; (d) the payment of the expense of having the Goods repaired (Group Training in Darch ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other marketing matter, are intended simply to offer an indication of the items described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that result may be attached and it needs to not be ruined eliminated or removed from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Personal Training in Wanneroo WA.

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Mullaloo WA. Unless specified elsewhere it is the purchaser's obligation to obtain any licenses 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 duty of performance of this contract any place and to the degree to which fulfilment of the very same is avoided, disappointed or prevented as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification statement, security agreement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and creates a security interest in all Goods that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.