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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 Purchaser agrees that the concern of the Credit Note is an act of commercial excellent 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 contains an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Buyer will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Cost 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 Product; (b) to enter the Buyer's properties (or the facilities of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Product are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Product offered in a separate recognizable account as the beneficial home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become components attached to the properties of the Purchaser or a 3rd celebration, and if the Seller gets in those properties for the function of reclaiming ownership of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Marangaroo .

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is just valid for defects or failure under proper usage and which develop entirely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and implied service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Buyer concerning the Goods, their use and application, are expressly excluded.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or acquiring equivalent Product; (d) the payment of the expense of having the Item fixed (Gym in Carramar Western Australia).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided 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, details of weights and dimensions consisted of in our catalogues, cost lists and other marketing matter, are intended simply to provide an indicator of the items explained therein and none of these will form part of the contract unless specifically concurred in composing.

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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 defaced wiped out or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Personal Training in Joondalup Western Australia.

If the Seller has actually followed a design or instructions provided by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed 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 specifically agreed by us in writing no provision for liquidated damages will 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 generated the Court of proper jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless specified elsewhere it is the buyer's obligation to get any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of performance of this agreement wherever and to the level to which fulfilment of the exact same is avoided, disappointed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, funding modification declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.