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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial excellent 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 thinks about the Quote consists of 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 Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the price 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 up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the premises of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or used in the manufacture of the Item offered in a different recognizable account as the helpful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the fact that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in The Vines .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem 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 develop exclusively from defective 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 buyer. 32. Other than as supplied in stipulation 35, all reveal and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or representatives to the Buyer concerning the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

34. If the Item are malfunctioning, the Seller will make good the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested 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 Product or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or obtaining comparable Goods; (d) the payment of the expense of having actually the Product repaired (Personal Training in Warwick WA).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided 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 measurements included in our catalogues, price lists and other advertising matter, are meant simply to offer an indicator of the goods explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that result may be affixed and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Training in Ellenbrook WA.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred 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 agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Aveley WA. Unless defined somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this contract any place and to the level to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, 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 writing the Client acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.