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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quotation consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Rate and the cost that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to take possession 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 products made using the Goods are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Item offered in a separate identifiable account as the helpful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Product end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming possession of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Hillarys Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the problem or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is just valid for flaws or failure under correct use and which emerge entirely from defective design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in provision 35, all express and implied service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their use and application, are specifically excluded.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are defective, the Seller shall make good the defect by doing any among the following at its choice: (a) repairing the Item; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Personal Training in Tapping WA).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, price lists and other marketing matter, are planned merely to offer a sign of the items explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it needs to not be ruined obliterated or gotten rid of from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Group Training in Mullaloo WA.

If the Seller has actually followed a design or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in henley Brook . Unless specified somewhere else it is the buyer's obligation to obtain any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, funding modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these terms and conditions make up a security arrangement for the functions of the PPSA and creates a security interest in all Item that have formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Customer.