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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue 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 relating to the issue of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods offered 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 Price and the price 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 until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the facilities of any associated Business or agent where the Goods are located) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured utilizing the Product are offered by the Buyer, the Purchaser 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 Item sold in a different identifiable account as the useful residential or commercial 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 Product become components connected to the properties of the Buyer or a 3rd party, 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 Buyer indemnifies the Seller versus that liability. Group Training in Brabham .

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the defect or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the products, and is just legitimate for flaws or failure under proper use and which arise entirely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied service warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) advice, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Purchaser concerning the Product, their usage and application, are expressly excluded.

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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 Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make great the flaw by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 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 Product or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the cost of having actually the Item fixed (Gym in Edgewater ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are intended merely to offer an indicator of the items explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Gym in Joondalup WA.

If the Seller has actually followed a style or instructions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and deliveries 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 incident or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision 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 will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Aveley . Unless defined somewhere else it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding modification statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Client.