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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 pertaining 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, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Purchaser 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 Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's premises (or the premises of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Item; 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 using the Product are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or utilized in the manufacture of the Item sold in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the truth that the Item become components connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of recovering belongings of the products, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Ocean Reef .

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under proper usage and which emerge exclusively from faulty style, products or workmanship.

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 offered in stipulation 35, all reveal and implied guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly omitted.

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The Seller shall not be responsible 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 developing as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller will make good the defect by doing any one of the following at its option: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or obtaining comparable Item; (d) the payment of the cost of having actually the Product repaired (Gym in Mullaloo ).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other marketing matter, are intended merely to give an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that impact might be attached and it must not be ruined wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Group Training in Lansdale WA.

If the Seller has actually followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or common law right. The Buyer 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 typical law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall 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 revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed 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 litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Pearsall . Unless defined somewhere else it is the buyer's duty to get any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, funding modification declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Item that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.