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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 issue of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Goods sold or used in the manufacture of the Item sold in a separate recognizable account as the helpful home 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 impacted by the truth that the Item end up being components attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Ocean Reef Western Australia.

Our liability in respect of any problem in, or failure of the products 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 correct usage and which arise exclusively from malfunctioning style, materials or craftsmanship.

Without restricting 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 offered in stipulation 35, all express and suggested guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Buyer concerning the Item, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential 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 carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller shall make great the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or obtaining comparable Product; (d) the payment of the expense of having the Product repaired (Personal Training in Lansdale Western Australia).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our brochures, catalog and other advertising matter, are planned merely to provide an indication of the goods described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it needs to not be defaced wiped out or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Group Training in Marangaroo WA.

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying 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 forgoing causes.

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

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Hillarys . Unless specified somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this agreement anywhere and to the extent to which fulfilment of the exact same is prevented, annoyed or hindered 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 stipulation financing declaration, funding change statement, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.