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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer 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 contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or items produced using the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Item offered or used in the manufacture of the Item offered in a separate identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Goods become components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of recovering ownership of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Darch .

Our liability in regard of any defect in, or failure of the goods 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 cost. Our assurance duration is 12 months from the date of acceptance of the goods, and is just valid for problems or failure under proper use and which occur entirely from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and suggested warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, recommendations, information or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Item, their use and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or getting equivalent Goods; (d) the payment of the expense of having the Goods fixed (Group Training in Warwick WA).

36. The Purchaser must not return any Item 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 Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, cost lists and other marketing matter, are intended simply to provide an indication of the goods described therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect might be attached and it must not be defaced obliterated or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Personal Training in Pearsall .

If the Seller has actually followed a style or directions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any violation of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility will connect 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 implied 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 specifically agreed by us in writing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Gym in henley Brook WA. Unless defined somewhere else it is the buyer's duty to obtain any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the very same is avoided, disappointed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, financing modification statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing 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 Goods that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.