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

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If the Seller thinks about the Quote includes an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the price that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Item are re-sold, or items produced using the Product are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Product sold in a different identifiable account as the advantageous property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not affected by the reality that the Item become fixtures connected to the facilities of the Buyer or a third celebration, and if the Seller goes into those properties for the purpose of recovering possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Mullaloo .

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under proper usage and which emerge solely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in provision 35, all express and suggested warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Buyer relating to the Item, their use and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller shall make excellent the problem by doing any among the following at its option: (a) fixing the Item; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted 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 replacing the Goods or getting comparable Goods; (d) the payment of the expense of having actually the Goods fixed (Personal Training in Wangara WA).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially 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, details of weights and measurements contained in our catalogues, catalog and other advertising matter, are planned simply to provide a sign of the products described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect might be affixed and it needs to not be ruined wiped out or gotten rid of from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the items. Gym in Wangara Western Australia.

If the Seller has followed a style or instructions offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or direction given by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Woodvale . Unless defined elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, annoyed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, financing modification declaration, security agreement, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Client.