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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem 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 referring to the issue of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's facilities (or the properties of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Product are sold by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the reality that the Item become components connected to the properties of the Purchaser or a third celebration, and if the Seller enters those facilities for the purpose of reclaiming ownership of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in henley Brook .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is only legitimate for problems or failure under proper usage and which emerge solely from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) advice, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller shall make excellent the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has 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 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Item fixed (Group Training in Aveley Western Australia).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are meant simply to provide an indicator of the items described 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 designs or copyright functions are embodied in the style of the products, an imprint to that impact may be attached and it should not be ruined eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Gym in Aveley WA.

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 costs of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or suggested 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 specifically concurred 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 - Personal Training in Joondalup . Unless defined elsewhere it is the purchaser's responsibility to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, 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 Customer acknowledges and agrees that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.