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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 Purchaser agrees that the concern 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 relating to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (or the properties of any associated Company or representative where the Goods lie) without liability for trespass or any resulting damage and to take ownership of the Item; 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 utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing rate of the Product offered or used in the manufacture of the Goods offered in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in henley Brook Western Australia.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under appropriate usage and which arise entirely from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in provision 35, all reveal and implied service warranties, warranties 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 craftsmanship; or (c) advice, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer regarding the Product, their usage and application, are specifically excluded.

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The Seller will 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 consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Product fixed (Group Training in Mullaloo ).

36. The Buyer must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, rate lists and other advertising matter, are planned merely to provide an indication of the items explained 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 functions are embodied in the style of the goods, an imprint to that result may be attached and it should not be defaced eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Gym in henley Brook Western Australia.

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

Agreements and shipments may 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 delaying the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances 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 concurred by us in composing and unless expressly agreed by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Darch . Unless specified in other places it is the purchaser's duty to obtain any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or duty of efficiency of this agreement wherever and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding modification statement, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.