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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller may 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 Product, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the facilities of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Product; 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 manufactured using the Item are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Goods sold in a different recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods become components attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of reclaiming ownership of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Marangaroo Western Australia.

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is just legitimate for defects or failure under correct use and which emerge solely from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all express and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) advice, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) changing the Goods; 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 accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring equivalent Product; (d) the payment of the cost of having actually the Goods fixed (Gym in Aveley Western Australia).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are meant simply to give a sign of the products explained therein and none of these shall form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that result may be attached and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Brabham Western Australia.

If the Seller has actually followed a design or directions given by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any infringement of a patent, hallmark, signed up style, copyright or typical 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, signed up design, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, 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 specifically agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Woodvale Western Australia. Unless defined elsewhere it is the buyer's obligation to get any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this agreement wherever and to the extent to which fulfilment of the same is avoided, disappointed or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing modification statement, security agreement, 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 functions of the PPSA and produces a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.