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

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

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Cost and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the properties of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to take belongings of the Product; 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 produced using the Item are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Item offered in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Goods end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming belongings of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Mullaloo .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just legitimate for problems or failure under proper usage and which occur entirely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all reveal and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, information or services provided by the Seller, its staff members, servants or representatives to the Purchaser regarding the Goods, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller shall make good the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Item; or (c) taking the products 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 guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Product or obtaining equivalent Goods; (d) the payment of the cost of having the Item fixed (Personal Training in Carramar WA).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are meant simply to provide an indicator of the items described therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that result might be attached and it should not be defaced obliterated or removed from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Gym in The Vines .

If the Seller has followed a style or instructions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency 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 expressed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the contract.

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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 proper jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless defined elsewhere it is the purchaser's duty to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the exact same is prevented, annoyed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, financing change declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.