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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 issue of the Credit Note is an act of industrial excellent 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 delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

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

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

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If the Item are re-sold, or products made utilizing the Goods are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Product sold in a separate recognizable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the truth that the Goods become components attached to the facilities of the Purchaser or a third celebration, and if the Seller enters those facilities for the function of reclaiming ownership of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Pearsall .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is just valid for problems or failure under appropriate usage and which arise exclusively from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and implied warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are specifically left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller will make good the defect by doing any one of the following at its alternative: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items 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 warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or obtaining comparable Product; (d) the payment of the expense of having the Goods fixed (Gym in Ocean Reef Western Australia).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other advertising matter, are intended merely to provide an indication of the products described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that impact may be affixed and it needs to not be defaced wiped out or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Group Training in Mullaloo .

If the Seller has followed a design or directions given by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, hallmark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, 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 obligation will 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 assurances whatsoever on our part whether expressed or suggested shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred 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 lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Lansdale . Unless specified elsewhere it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, annoyed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs 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 formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Customer.