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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 Purchaser concurs that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

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

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

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If the Product are re-sold, or items produced utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or used in the manufacture of the Goods sold in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Item end up being components attached to the properties of the Purchaser or a third party, and if the Seller goes into those facilities for the function of recovering ownership of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Brabham .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the flaw or failure at our own expense. Our assurance duration is 12 months from the date of approval of the items, and is just legitimate for problems or failure under proper usage and which occur exclusively from faulty style, materials or workmanship.

Without restricting 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 provided in provision 35, all reveal and implied service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Product, their use and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make good the flaw by doing any among the following at its option: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the expense of having actually the Goods fixed (Group Training in Hillarys WA).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other advertising matter, are intended merely to give a sign of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it should not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Gym in henley Brook .

If the Seller has actually followed a style or directions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, 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, guarantees and warranties whatsoever on our part whether expressed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Mullaloo . Unless specified somewhere else it is the buyer's obligation to obtain any licenses 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 duty of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.