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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs 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 Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Rate and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Goods are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Product sold in a separate recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Item become components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Brabham .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under appropriate usage and which arise exclusively from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Goods, their use and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller will make great the flaw by doing any among the following at its choice: (a) fixing the Item; or (b) replacing 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 accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Goods fixed (Gym in Pearsall ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially provided 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, particulars of weights and measurements included in our catalogues, price lists and other marketing matter, are planned simply to provide an indication of the products described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it needs to not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in henley Brook Western Australia.

If the Seller has followed a design or instructions provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any violation of a patent, hallmark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and deliveries might be suspended in case 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 trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless specifically stated 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 lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Mullaloo . Unless specified somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this clause funding declaration, financing modification declaration, security contract, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.