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

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Product end up being fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of reclaiming ownership of the products, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Mullaloo Western Australia.

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is only valid for problems or failure under appropriate use and which emerge exclusively from defective design, products or workmanship.

Without restricting 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 offered in provision 35, all reveal and indicated guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their use and application, are expressly left out.

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The Seller shall not be responsible 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 including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, details or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or acquiring comparable Item; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Edgewater WA).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other advertising matter, are meant merely to give an indication of the goods described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in henley Brook .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, 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 duty will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Lansdale WA. Unless defined elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of performance of this agreement anywhere and to the extent to which fulfilment of the very same is prevented, disappointed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

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