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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating 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 Cost, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the price that would have been the Purchase Cost if the mistake had not been made.

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

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If the Product are re-sold, or items made utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or utilized in the manufacture of the Product offered in a different identifiable account as the beneficial home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Product end up being fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those premises for the function of reclaiming possession of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Darch Western Australia.

Our liability in respect of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under appropriate usage and which emerge exclusively from defective design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all express and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their use and application, are specifically left out.

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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 Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller will make excellent the problem by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually 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 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the cost of having actually the Product repaired (Gym in Ocean Reef Western Australia).

36. The Purchaser needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, catalog and other advertising matter, are meant merely to provide a sign of the items described therein and none of these will form part of the contract 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 result might be affixed and it needs to not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Group Training in Carramar Western Australia.

If the Seller has actually followed a design or directions given by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying 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, service warranties and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in The Vines Western Australia. Unless specified somewhere else it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of performance of this contract any place and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation financing declaration, funding modification statement, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.