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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer 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 contains a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Cost 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 Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the facilities of any associated Business or representative where the Item are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced utilizing the Product are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Goods offered in a different recognizable account as the helpful property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Goods end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming ownership of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Padbury WA.

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 limited to making great the defect or failure at our own cost. Our warranty period is 12 months from the date of approval of the goods, and is just valid for defects or failure under correct usage and which emerge entirely from faulty design, materials 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 stipulation 35, all reveal and implied service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their usage and application, are expressly left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is responsible 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 thus limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or getting comparable Item; (d) the payment of the cost of having the Goods fixed (Personal Training in Hillarys ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other marketing matter, are planned simply to give an indicator of the goods 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 designs or copyright functions are embodied in the design of the products, an imprint to that impact might be attached and it should not be ruined wiped out or removed from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Greenwood .

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

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, 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 responsibility shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Wangara . Unless defined in other places it is the buyer's responsibility to get any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be eliminated of our liability or duty of performance of this agreement anywhere and to the level to which fulfilment of the same is avoided, annoyed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, funding change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.