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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of industrial great 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 Quotation contains a mistake, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Goods are re-sold, or items manufactured using the Product are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Product offered in a separate identifiable account as the helpful property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Item become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook WA.

Our liability in respect of any problem in, or failure of the goods provided, 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 expense. Our warranty period is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under appropriate usage and which emerge entirely from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or representatives to the Buyer relating to the Goods, their use and application, are specifically left out.

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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 developing out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (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 representatives or employees.

34. If the Goods are malfunctioning, the Seller shall make good the defect by doing any among the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate 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 limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or getting comparable Product; (d) the payment of the expense of having the Goods fixed (Personal Trainer in Ellenbrook WA).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially given 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, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are intended merely to offer a sign of the items described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the items, an imprint to that result might be attached and it should not be ruined obliterated or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Gym in Padbury Western Australia.

If the Seller has followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller developing from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any contract, 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, warranties and assurances whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the contract.

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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 - Gym in Tapping . Unless specified somewhere else it is the purchaser's obligation to get any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of efficiency of this agreement any place and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a repercussion 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 change declaration, security contract, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and creates a security interest in all Item that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.