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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 problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; 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 offered by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Product sold or utilized in the manufacture of the Item sold in a different identifiable account as the useful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Product become components connected to the premises of the Purchaser or a third celebration, and if the Seller enters those properties for the purpose of reclaiming ownership of the goods, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Sorrento Western Australia.

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is just valid for flaws or failure under proper use and which emerge solely from faulty style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in stipulation 35, all express and indicated warranties, warranties and conditions under statute or basic 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) advice, recommendations, info or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their use and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are faulty, the Seller will make excellent the flaw by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or obtaining comparable Item; (d) the payment of the cost of having actually the Goods repaired (Gym in Tapping WA).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided 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 measurements consisted of in our brochures, catalog and other marketing matter, are meant merely to give an indication of the items explained therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect may be attached and it should not be defaced obliterated or removed from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Personal Trainer in The Vines .

If the Seller has actually followed a style or guidelines offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation shall attach 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 suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Warwick Western Australia. Unless defined somewhere else it is the purchaser's obligation to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the very same is prevented, frustrated or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing change statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Goods that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.