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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees 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 Purchaser in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Item are re-sold, or products made using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Item sold in a different recognizable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Goods is not affected by the reality that the Item become components connected to the properties of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the function of recovering belongings of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Greenwood Western Australia.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the problem or failure at our own expense. Our assurance period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under proper use and which emerge entirely from defective design, products 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 purchaser. 32. Except as offered in stipulation 35, all express and implied warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the defect by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or getting equivalent Product; (d) the payment of the expense of having actually the Product fixed (Gym in Hillarys Western Australia).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually 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, particulars of weights and dimensions consisted of in our brochures, price lists and other advertising matter, are meant simply to provide a sign of the items described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that impact might be affixed and it should not be defaced eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Gym in Ellenbrook Western Australia.

If the Seller has actually followed a design or guidelines given by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or guideline 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 occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically 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 agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in henley Brook . Unless specified elsewhere it is the buyer's duty to obtain any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of performance of this contract wherever and to the degree to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding change statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Product that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.