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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 concurs that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product 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 properties of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Item offered or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not affected by the fact that the Item become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller goes into those facilities for the function of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Joondalup .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the goods, and is only valid for defects or failure under appropriate usage and which occur solely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) style, assembly, setup, materials or workmanship; or (c) advice, recommendations, info or services supplied by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser 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 arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller will make good the flaw by doing any one of the following at its alternative: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable 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 thus limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or getting equivalent Item; (d) the payment of the expense of having the Goods fixed (Nutritionist in Edgewater ).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has 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, particulars of weights and dimensions consisted of in our catalogues, catalog and other marketing matter, are planned simply to offer an indicator of the items described therein and none of these shall form part of the contract unless particularly concurred in composing.

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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 eliminated from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Personal Trainer in Edgewater .

If the Seller has followed a style or instructions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any violation of a patent, trademark, signed up style, 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, registered design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, 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, service warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract 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 provision for liquidated damages will form part of the agreement.

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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 - Gym in The Vines . Unless specified elsewhere it is the buyer's obligation to obtain any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the same is avoided, frustrated or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing 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 and conditions in composing the Consumer acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.