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

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

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had actually 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 Product; (b) to enter the Buyer's premises (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Product; 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 Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Product sold in a different identifiable account as the beneficial 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 impacted by the reality that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming possession of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Carramar .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under proper usage and which emerge solely from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express and implied service warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Item, their use and application, are expressly excluded.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Woodvale WA).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our brochures, cost lists and other advertising matter, are planned simply to give an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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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 effect may be affixed and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Ocean Reef Western Australia.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Singara . Unless specified in other places it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of performance of this agreement wherever and to the degree to which fulfilment of the same is prevented, disappointed or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding statement, financing change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.