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

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

If the Seller considers that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference 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 following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's premises (or the properties of any associated Company or agent where the Goods are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Item sold in a different recognizable account as the helpful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the truth that the Product become fixtures connected to the premises of the Buyer or a third celebration, 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. Personal Training in The Vines Western Australia.

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the flaw or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just legitimate for defects or failure under correct usage and which occur solely from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and suggested service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage developing 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 advice, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Goods repaired (Group Training in Ocean Reef ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation 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 Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, rate lists and other advertising matter, are meant simply to provide an indication of the items described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that effect may be affixed and it should not be defaced obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the items. Group Training in Gnangara Western Australia.

If the Seller has followed a design or guidelines provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger 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 disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, 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 obligation shall 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 guarantees whatsoever on our part whether revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Tapping . Unless defined in other places it is the purchaser's obligation to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of efficiency of this contract anywhere and to the extent to which fulfilment of the same is avoided, frustrated or hindered as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms make up a security arrangement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.