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25. If the Seller issues 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 great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation consists of an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the price that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's facilities (or the facilities of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Item; 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 manufactured utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Item sold in a separate identifiable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Product end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Wanneroo .

Our liability in regard of any flaw 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 flaw or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is just legitimate for defects or failure under correct usage and which develop entirely from malfunctioning style, 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 buyer. 32. Except as supplied in provision 35, all reveal and indicated guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their usage and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited 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 changing the Goods or obtaining equivalent Product; (d) the payment of the cost of having actually the Goods repaired (Gym in Pearsall WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially 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 measurements consisted of in our catalogues, price lists and other advertising matter, are meant simply to offer a sign of the items explained therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the items, an imprint to that impact might be attached and it should not be ruined obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Personal Training in Ocean Reef Western Australia.

If the Seller has followed a design or directions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This contract 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 Sorrento Western Australia. Unless defined in other places it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding 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 Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Item that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.