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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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

If the Seller thinks about that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the rate that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Purchaser's premises (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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

30. The Seller's property in the Goods is not affected by the reality that the Product become components connected to the premises of the Buyer or a third celebration, and if the Seller goes into those properties for the function of reclaiming ownership of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in The Vines Western Australia.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the flaw or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is just legitimate for defects or failure under correct use and which arise entirely from faulty design, products or craftsmanship.

Without limiting 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 provided in stipulation 35, all reveal and suggested service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or getting equivalent Item; (d) the payment of the expense of having the Item fixed (Group Training in Sorrento Western Australia).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other advertising matter, are meant simply to offer a sign of the items described therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that result might be affixed and it should not be defaced obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Carramar .

If the Seller has followed a style or instructions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and costs of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any contract, and no duty will 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 revealed 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 agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Warwick . Unless specified elsewhere it is the buyer's duty to get any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of performance of this contract any place and to the level to which fulfilment of the same is avoided, frustrated or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, funding modification statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.