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

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Cost if the mistake had 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 completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's facilities (or the facilities of any associated Company or agent 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 Item are re-sold, or products manufactured utilizing the Goods are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Item offered in a different recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the truth that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Ellenbrook Western Australia.

Our liability in regard of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under proper use and which develop entirely from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as provided in provision 35, all express and implied warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or representatives to the Purchaser relating to the Product, their use and application, are specifically excluded.

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The Seller shall not be accountable 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 a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, info or services offered by the Seller or the Seller's representatives or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having the Goods fixed (Personal Training in henley Brook ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, rate lists and other advertising matter, are planned merely to provide a sign of the items described therein and none of these will form part of the agreement unless particularly agreed in composing.

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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 may be attached and it must not be defaced obliterated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Gym in Sorrento .

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

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Marangaroo Western Australia. Unless defined in other places it is the purchaser's responsibility to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of performance of this contract anywhere and to the level to which fulfilment of the exact same is prevented, disappointed or prevented 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 funding statement, financing modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these conditions make up a security arrangement for the purposes of the PPSA and produces a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.