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25. If the Seller concerns a Credit Note to the Buyer (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 business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem of the Credit Note.

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

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the price that would have been the Purchase Price if the mistake had not been made.

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

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If the Product are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing price of the Product offered or used in the manufacture of the Goods offered in a different identifiable account as the helpful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the truth that the Product become components attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming possession of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in The Vines .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the flaw or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under proper use and which arise solely from defective style, products 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. Other than as provided in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, info or services offered by the Seller, its staff members, servants or agents to the Buyer concerning the Goods, their usage and application, are expressly excluded.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are defective, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or acquiring equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Group Training in Marangaroo ).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially 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, details of weights and dimensions contained in our brochures, catalog and other advertising matter, are intended simply to provide an indication of the goods described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that result might be attached and it must not be defaced wiped out or removed from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in Carramar .

If the Seller has followed a design or directions offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding 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 forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Padbury WA. Unless defined elsewhere it is the purchaser's responsibility to obtain any licenses and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of performance of this contract anywhere and to the level to which fulfilment of the same is prevented, frustrated or prevented 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 statement, security arrangement, 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 conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.