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

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If the Seller considers the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery 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 Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the rate that would have been the Purchase Cost if the error had actually 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 fully paid: (a) legal ownership of the Goods; (b) to get in the Buyer's properties (or the properties of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to take belongings of the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Item are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product offered or used in the manufacture of the Product offered in a separate recognizable account as the useful home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the truth that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of recovering possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Gnangara .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only valid for defects or failure under proper usage and which develop entirely from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all express and indicated guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its employees, servants or agents to the Purchaser relating to the Product, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 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 Product or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Product or obtaining comparable Goods; (d) the payment of the expense of having the Product repaired (Personal Training in Brabham WA).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, cost lists and other advertising matter, are intended merely to provide an indicator of the items described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that impact might be affixed and it should not be ruined eliminated or gotten rid of from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Personal Trainer in Carramar Western Australia.

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

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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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 Warwick . Unless defined somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of efficiency of this contract any place and to the degree to which fulfilment of the exact same is prevented, disappointed or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.