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

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If the Seller considers the Quotation consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference between the Purchase Rate and the cost that would have been the Purchase Cost if the error had actually not been made.

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

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If the Item are re-sold, or items made utilizing the Goods are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Item offered or utilized in the manufacture of the Goods offered in a different recognizable account as the useful home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Product end up being fixtures connected to the premises of the Purchaser or a 3rd celebration, and if the Seller gets in those facilities for the purpose of reclaiming ownership of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Ellenbrook .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under correct usage and which develop entirely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, details or services offered by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their usage and application, are specifically omitted.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make good the defect by doing any one of the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 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 equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of replacing the Goods or getting equivalent Goods; (d) the payment of the expense of having the Product fixed (Group Training in Edgewater ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided 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 dimensions included in our catalogues, price lists and other advertising matter, are intended merely to offer a sign of the items 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, registered designs or copyright features are embodied in the design of the products, an imprint to that effect might be affixed and it must not be ruined obliterated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Personal Training in Marangaroo .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance 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, guarantees and warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless expressly 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 arrangement 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 proper jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless specified in other places it is the buyer's duty to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the same is avoided, annoyed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, financing change statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and agrees that these terms and conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Item that have formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.