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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs 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 relating to the problem of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the following 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 go into the Purchaser's facilities (or the premises of any associated Company or representative where the Product are situated) without liability for trespass or any resulting damage and to seize 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 items manufactured utilizing the Item are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Goods offered in a different recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the fact that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Greenwood WA.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the items, and is only valid for defects or failure under appropriate usage and which occur solely from faulty design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and suggested warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; 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 expressly omitted.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are malfunctioning, the Seller shall make excellent the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or acquiring comparable Goods; (d) the payment of the cost of having the Product fixed (Group Training in The Vines Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first 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, details of weights and dimensions contained in our brochures, price lists and other marketing matter, are planned merely to give an indication of the items described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that result might be attached and it needs to not be ruined eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Personal Trainer in Carramar .

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

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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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 Warwick . Unless specified elsewhere it is the purchaser's obligation to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of efficiency of this agreement anywhere and to the extent to which fulfilment of the same is avoided, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing change statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms constitute a security agreement for the functions of the PPSA and develops a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.