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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the concern of the Credit Note.

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If the Seller considers the Quotation contains a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction in between the Purchase Rate and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below 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 Item; (b) to get in the Buyer's properties (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items produced utilizing the Goods are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice rate of the Item sold or used in the manufacture of the Goods offered in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Product become components attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in The Vines .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under correct use and which arise entirely from faulty design, products 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 buyer. 32. Other than as supplied in stipulation 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its alternative: (a) fixing the Goods; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Goods or getting equivalent Goods; (d) the payment of the cost of having the Product fixed (Group Training in Lansdale Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) 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 consisted of in our brochures, catalog and other advertising matter, are intended simply to provide an indicator of the items explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that result might be affixed and it must not be ruined wiped out or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Gym in Carramar Western Australia.

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

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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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 - Gym in Wangara Western Australia. Unless specified in other places it is the purchaser's responsibility to obtain any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the exact same is prevented, disappointed or hindered as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.