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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser 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 problem of the Credit Note.

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the cost 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 Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the facilities of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to take ownership of 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 using the Product are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Goods offered in a different identifiable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Item become components connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those facilities for the purpose of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Sorrento .

Our liability in respect of any defect in, or failure of the goods 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 cost. Our assurance period is 12 months from the date of acceptance of the products, and is just legitimate for flaws or failure under correct usage and which develop exclusively from defective style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all reveal and indicated service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Product, their use and application, are specifically excluded.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are malfunctioning, the Seller will make excellent the problem by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost 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 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or acquiring comparable Product; (d) the payment of the cost of having the Goods fixed (Gym in The Vines Western Australia).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, cost lists and other marketing matter, are meant merely to provide an indication of the goods explained therein and none of these will form part of the contract 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 goods, an imprint to that effect might be attached and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Group Training in Sorrento Western Australia.

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested shall 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 specifically concurred 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 will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Tapping WA. Unless defined elsewhere it is the buyer's responsibility to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the exact same is avoided, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.