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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue 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 concern of the Credit Note.

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If the Seller thinks about the Quote consists of an error, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the premises of any associated Company or agent where the Product lie) 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 Item are re-sold, or products produced using the Product are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Item offered or utilized in the manufacture of the Product sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Goods end up being components attached to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Greenwood .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the defect or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under appropriate use and which arise exclusively from malfunctioning style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in provision 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services offered by the Seller, its employees, servants or agents to the Buyer regarding the Item, their usage and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) replacing 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 suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining comparable Goods; (d) the payment of the cost of having the Item repaired (Gym in Hillarys WA).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other marketing matter, are meant merely to offer a sign of the products described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that impact might be affixed and it needs to not be defaced obliterated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Hillarys .

If the Seller has followed a style or guidelines provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, costs and costs of the Seller developing from any violation of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and deliveries 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 occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or implied will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Wanneroo . Unless defined in other places it is the buyer's duty to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the very same is prevented, annoyed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, funding modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces 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.