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

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If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Cost and the cost that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the properties of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to seize the Goods; 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 made using the Item are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Item sold or utilized in the manufacture of the Item sold in a separate recognizable account as the helpful home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not affected by the reality that the Goods end up being fixtures attached to the properties of the Purchaser or a third party, and if the Seller enters those properties for the purpose of reclaiming possession of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Carramar WA.

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only valid for problems or failure under appropriate usage and which emerge solely from malfunctioning design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all express and implied guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Goods, their usage and application, are specifically excluded.

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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 emerging out of or in relation to the Product including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Product; 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 responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or acquiring equivalent Product; (d) the payment of the expense of having actually the Goods repaired (Group Training in Warwick Western Australia).

36. The Buyer needs to 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 (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended simply to offer an indicator of the items explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that result might be attached and it needs to not be ruined wiped out or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Gym in Carramar Western Australia.

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

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Aveley Western Australia. Unless specified in other places it is the purchaser's obligation to acquire any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the very same is avoided, disappointed or hindered as a repercussion 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 declaration, funding modification statement, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.