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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Price if the error had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the premises of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to take ownership of the Goods; 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 using the Product are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product offered in a different recognizable account as the advantageous home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Item end up being fixtures connected to the premises of the Purchaser or a third party, and if the Seller goes into those premises for the purpose of reclaiming belongings of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Ellenbrook WA.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under appropriate use and which arise exclusively from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, products or workmanship; or (c) advice, recommendations, info or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are specifically excluded.

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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 arising out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, 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 workers.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Item; or (b) changing the Goods; or (c) taking the goods back and crediting the Purchaser 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 Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or acquiring comparable Goods; (d) the payment of the cost of having the Product repaired (Group Training in Aveley ).

36. The Buyer must not return any Item which the Buyer 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, particulars of weights and dimensions consisted of in our catalogues, catalog and other marketing matter, are meant merely to provide an indication of the goods described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that result might be attached and it should not be ruined eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Group Training in Ellenbrook .

If the Seller has actually followed a style or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and costs of the Seller emerging from any violation of a patent, trademark, registered design, copyright or common 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, signed up design, trademark, copyright or common law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in The Vines Western Australia. Unless specified somewhere else it is the purchaser's responsibility to get any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.