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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 Buyer agrees that the issue of the Credit Note is an act of industrial great 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 Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate 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 Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Goods are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Goods sold in a different recognizable account as the advantageous property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Product end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Wangara Western Australia.

Our liability in respect 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 excellent the defect or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the goods, and is just valid for defects or failure under correct usage and which emerge exclusively from faulty design, products or workmanship.

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. Other than as supplied in stipulation 35, all express and indicated service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their use and application, are expressly excluded.

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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 emerging out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; 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 responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of replacing the Product or getting equivalent Goods; (d) the payment of the cost of having the Product repaired (Group Training in Woodvale WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually 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 included in our brochures, cost lists and other advertising matter, are meant merely to give an indication of the products explained therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect may be affixed and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Gym in Gnangara .

If the Seller has followed a style or guidelines given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and costs of the Seller arising from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency 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, guarantees and guarantees whatsoever on our part whether revealed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Sorrento Western Australia. Unless defined somewhere else it is the purchaser's duty to obtain any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this agreement any place and to the level to which fulfilment of the exact same is avoided, disappointed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing change statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.