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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue 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 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 Cost, the Seller may at any time, including after delivery of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the price that would have been the Purchase Price if the error had 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 completely paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Company or agent where the Product are located) 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 Product are re-sold, or items produced utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Product sold in a separate identifiable account as the beneficial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product end up being components attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Greenwood WA.

Our liability in regard of any defect in, or failure of the products supplied, 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 expense. Our assurance period is 12 months from the date of approval of the items, and is just legitimate for flaws or failure under appropriate usage and which emerge solely from defective style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in clause 35, all reveal and indicated warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Goods, their use and application, are specifically left out.

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The Seller will not be accountable to the Buyer 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 occurring as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller will make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than 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 Product; (c) the payment of the cost of changing the Item or getting equivalent Goods; (d) the payment of the expense of having actually the Product repaired (Group Training in Warwick ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered 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 dimensions contained in our catalogues, catalog and other advertising matter, are meant merely to offer a sign of the products described therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect might be attached and it needs to not be defaced wiped out or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Gym in Tapping .

If the Seller has followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no responsibility 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 guarantees whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Mullaloo . Unless specified in other places it is the purchaser's obligation to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this contract anywhere and to the level to which fulfilment of the same is prevented, frustrated or prevented 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 provision funding declaration, financing change declaration, 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 and conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.