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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial excellent 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 considers the Quote contains an error, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the rate that would have been the Purchase Rate if the error had actually not been made.

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

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If the Item are re-sold, or products made utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Item sold in a different recognizable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods end up being fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming ownership of the items, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Edgewater .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own expense. Our assurance duration is 12 months from the date of approval of the items, and is just legitimate for problems or failure under appropriate usage and which develop solely from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and suggested service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, details 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 accountable to the Buyer for physical or monetary 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 emerging as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has 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 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Item; (d) the payment of the cost of having actually the Item repaired (Personal Training in Gnangara ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) approval to their return. Their return needs to 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 intended merely to provide an indicator of the items described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the items, an imprint to that effect may be attached and it must not be ruined eliminated 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 Padbury Western Australia.

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance 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, service warranties and assurances whatsoever on our part whether expressed 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 agreed by us in composing 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Darch . Unless defined in other places it is the buyer's duty to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or responsibility of performance of this agreement wherever and to the extent to which fulfilment of the same is prevented, disappointed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification statement, security agreement, and security interest has the meaning 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 contract for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.