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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 Buyer agrees that the issue 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 thinks about the Quote consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser 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 chooses 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 Rate if the mistake had not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Goods offered or utilized in the manufacture of the Item sold in a different recognizable account as the beneficial property 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 Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Woodvale .

Our liability in regard 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 flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is only legitimate for flaws or failure under proper usage and which develop exclusively from defective design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all express and implied guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Goods for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the flaw by doing any one of the following at its alternative: (a) repairing the Goods; or (b) changing the Product; or (c) taking the goods 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 guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in Gnangara ).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (composed) approval to their return. Their return should 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 marketing matter, are intended merely to give an indication of the goods explained therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Gym in Tapping Western Australia.

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated will 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 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 Ellenbrook . Unless specified somewhere else it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, disappointed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.