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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining 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 Price, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the rate that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the premises of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Product offered in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Product become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming ownership of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Warwick .

Our liability in regard of any flaw in, or failure of the products 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 expense. Our guarantee period is 12 months from the date of approval of the goods, and is just legitimate for problems or failure under appropriate usage and which arise solely from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and suggested service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, recommendations, details or services offered by the Seller, its staff members, servants or representatives to the Purchaser regarding the Item, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage developing as an outcome 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 Item; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make great the problem by doing any among the following at its choice: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items 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 warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or obtaining comparable Product; (d) the payment of the cost of having actually the Goods repaired (Personal Training in Joondalup WA).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, price lists and other advertising matter, are meant simply to offer an indication of the items explained therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that effect might be affixed and it must not be ruined eliminated or removed from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in henley Brook Western Australia.

If the Seller has actually followed a style or guidelines provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising 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, registered style, trademark, copyright or typical law right.

Contracts and shipments might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no duty 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 assurances whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Marangaroo Western Australia. Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any costs 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 wherever and to the level to which fulfilment of the same is prevented, annoyed or hindered as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, funding change declaration, security contract, 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 terms and conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.