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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 Purchaser agrees that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Price if the error had actually not been made.

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

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If the Product are re-sold, or products manufactured using the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Product offered in a different recognizable account as the useful home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Item end up being components attached to the premises of the Buyer or a third party, and if the Seller gets in those facilities for the function of reclaiming possession of the items, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Brabham .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our assurance duration is 12 months from the date of approval of the items, and is just valid for problems or failure under correct usage and which occur exclusively from malfunctioning design, materials or craftsmanship.

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 warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their use and application, are expressly left out.

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The Seller will not be accountable 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 including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller shall make great the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) changing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Item fixed (Gym in Wanneroo Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered 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 contained in our catalogues, catalog and other marketing matter, are intended merely to provide an indication of the products explained therein and none of these shall form part of the contract unless particularly agreed 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 impact may be attached and it must not be defaced wiped out or removed from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Gym in Woodvale .

If the Seller has actually followed a design or directions provided by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and costs of the Seller developing from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or direction given by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in writing no provision for liquidated damages shall 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 appropriate jurisdiction in Australia. 43 - Group Training in Woodvale Western Australia. Unless specified elsewhere it is the purchaser's obligation to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of efficiency of this contract any place and to the extent to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.