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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.

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

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's properties (or the properties of any associated Business or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; 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 produced using the Item are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Goods offered in a different identifiable account as the beneficial residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Product become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering ownership of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Darch .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under proper use and which arise solely from defective design, products 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 clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are expressly left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or obtaining comparable Product; (d) the payment of the cost of having actually the Product fixed (Group Training in Tapping WA).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given 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, details of weights and measurements consisted of in our catalogues, rate lists and other marketing matter, are intended merely to provide an indication of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the goods, an imprint to that impact might be attached and it should not be ruined obliterated or removed from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Group Training in Mullaloo .

If the Seller has actually followed a style or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, 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 forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless specifically 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 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 appropriate jurisdiction in Australia. 43 - Gym in Marangaroo WA. Unless specified somewhere else it is the purchaser's obligation to get any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.