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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 Purchaser concurs 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction 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 list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the properties of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured using the Item are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Product offered in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Item become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the purpose of reclaiming possession of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Ellenbrook .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is just valid for problems or failure under proper use and which arise exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and indicated warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller will make great the defect by doing any among the following at its option: (a) repairing the Item; or (b) changing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Item or acquiring comparable Goods; (d) the payment of the expense of having actually the Product repaired (Gym in Carramar Western Australia).

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 actually initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other marketing matter, are meant simply to offer an indication of the items described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that effect might be affixed and it should not be ruined obliterated or removed from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Gym in Padbury .

If the Seller has actually followed a style or directions offered by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation will connect 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 agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing 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 generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Lansdale Western Australia. Unless specified in other places it is the buyer's responsibility to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, 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 and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.