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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial excellent 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 includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Rate and the cost 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 Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's facilities (or the premises of any associated Company 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 Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Goods are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods offered in a different identifiable account as the helpful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not affected by the reality that the Product end up being fixtures connected to the properties of the Buyer or a third celebration, and if the Seller enters those facilities for the function of reclaiming belongings of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Pearsall Western Australia.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is only valid for problems or failure under appropriate usage and which arise entirely from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all express and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its workers, servants or agents to the Buyer regarding the Product, their use and application, are specifically omitted.

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The Seller will not be responsible 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 Product consisting of 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, setup, or operation of the Goods; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller shall make great the defect by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate 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 Goods or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or acquiring comparable Item; (d) the payment of the cost of having actually the Goods repaired (Gym in Mullaloo Western Australia).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other advertising matter, are meant merely to provide an indication of the goods described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that impact may be attached and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Gym in Sorrento .

If the Seller has actually followed a style or directions given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and costs of the Seller developing from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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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 - Gym in Aveley . Unless defined somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

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

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