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

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If the Seller thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the error had not been made.

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

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If the Item are re-sold, or products made using the Product are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Product offered in a separate recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not affected by the reality that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Warwick .

Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under proper usage and which emerge solely from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically excluded.

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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 occurring out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller will make good the flaw by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or getting comparable Product; (d) the payment of the expense of having actually the Item fixed (Group Training in Lansdale ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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 consisted of in our catalogues, catalog and other marketing matter, are planned simply to give an indicator of the goods described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that effect might be attached and it needs to not be ruined obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Personal Training in Mullaloo Western Australia.

If the Seller has followed a style or guidelines given by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and costs of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested will form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Tapping Western Australia. Unless specified somewhere else it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing change declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have actually formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.