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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the agreement, 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 Cost if the error had not been made.

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

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If the Product are re-sold, or items manufactured using the Goods are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or used in the manufacture of the Item offered in a separate recognizable account as the advantageous home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not impacted by the truth that the Goods become fixtures attached to the premises of the Buyer or a third party, and if the Seller enters those facilities for the function of recovering possession of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Singara .

Our liability in regard 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 excellent the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is just valid for defects or failure under appropriate usage and which emerge entirely from malfunctioning design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Product, their use and application, are expressly left out.

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The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Product including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are malfunctioning, the Seller shall make excellent the defect by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Item or obtaining comparable Goods; (d) the payment of the cost of having the Goods repaired (Personal Training in Warwick Western Australia).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are meant merely to offer an indication of the items described therein and none of these shall form part of the agreement unless particularly agreed 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 effect might be attached and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Tapping .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Marangaroo Western Australia. Unless specified somewhere else it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, financing change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Item that have previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.