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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial 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 considers the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had not been made.

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

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If the Item are re-sold, or products made utilizing the Product are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or used in the manufacture of the Goods offered in a different recognizable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the reality that the Product become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Greenwood .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under correct use and which occur exclusively from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, information or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Goods, their usage and application, are specifically left out.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or employees.

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 Item; or (b) changing the Product; or (c) taking the goods 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 indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of changing the Goods or obtaining equivalent Product; (d) the payment of the cost of having actually the Product repaired (Gym in Edgewater Western Australia).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, rate lists and other advertising matter, are planned merely to give a sign of the items explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the items, an imprint to that impact may be attached and it must not be defaced eliminated or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Personal Training in Ellenbrook .

If the Seller has actually followed a style or instructions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no provision 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Carramar . Unless defined elsewhere it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.