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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 Buyer concurs that the issue of the Credit Note is an act of commercial great 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 considers the Quotation 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 agreement is cancelled after shipment of the Product, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had 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 Product; (b) to get in the Purchaser's facilities (or the facilities of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Goods; 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 manufactured using the Goods are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Product sold 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 request.

30. The Seller's property in the Item is not affected by the fact that the Goods end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming belongings of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Wanneroo .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under proper usage and which develop entirely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all reveal and implied service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services offered by the Seller, its workers, servants or agents to the Buyer regarding the Product, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage occurring as an outcome 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, recommendations, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller will make excellent the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Product; (d) the payment of the expense of having the Goods repaired (Gym in Woodvale ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are planned simply to give a sign of the products explained therein and none of these will form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that impact may be affixed and it should not be ruined wiped out or removed from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Personal Training in Woodvale .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in The Vines . Unless specified in other places it is the purchaser's responsibility to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the same is avoided, frustrated or hindered as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, financing change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.