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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer 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 Cost, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction in between the Purchase Rate and the rate 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 Item up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to seize 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 manufactured utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Product sold in a different recognizable account as the beneficial residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Carramar WA.

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the flaw or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is just valid for problems or failure under proper use and which occur entirely from malfunctioning design, products 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 purchaser. 32. Except as offered in provision 35, all reveal and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or workers.

34. If the Item 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 items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable 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 restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Goods or getting equivalent Item; (d) the payment of the expense of having actually the Product repaired (Gym in Lansdale Western Australia).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) 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 consisted of in our brochures, catalog and other marketing matter, are planned merely to offer an indication of the goods explained therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that impact might be affixed and it needs to not be defaced wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Gym in Pearsall .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or implied will 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 expressly agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in henley Brook . Unless specified elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, annoyed or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Item that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.