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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 Buyer concurs that the problem 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 relating to the problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the facilities of any associated Company or representative where the Goods are situated) 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 Product are re-sold, or products manufactured using the Product are offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Goods end up being components connected to the facilities of the Buyer or a third party, and if the Seller goes into those facilities for the purpose of recovering possession of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Wanneroo WA.

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of approval of the products, and is just legitimate for problems or failure under appropriate usage and which occur exclusively from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all express and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Product, their usage and application, are specifically excluded.

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

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

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Product repaired (Personal Training in Wanneroo WA).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other advertising matter, are meant simply to give an indicator of the items described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that effect may be attached and it should not be ruined eliminated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Singara .

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances 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 contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in The Vines Western Australia. Unless specified elsewhere it is the purchaser's responsibility to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is prevented, frustrated or impeded as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

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