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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the rate 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 Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize 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 items manufactured utilizing the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Item offered in a separate recognizable account as the helpful home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the truth that the Item become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of reclaiming ownership of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Darch .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem 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 acceptance of the goods, and is just legitimate for problems or failure under correct usage and which arise solely from faulty style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all express and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, 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 Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or acquiring comparable Product; (d) the payment of the expense of having the Goods repaired (Nutritionist in Hillarys Western Australia).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are intended simply to offer an indicator of the goods explained therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that result may be attached and it should not be defaced wiped out or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Group Training in Gnangara .

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this contract unless expressly stated 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 shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Singara . Unless specified elsewhere it is the buyer's responsibility to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this agreement anywhere and to the degree 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 requisition order or ruling made there under.

45. 1 In this clause funding declaration, funding modification statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Item that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.