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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer 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 consists of a mistake, such a miscalculation 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 Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the rate that would have been the Purchase Price if the mistake had not been made.

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

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If the Product are re-sold, or products made using the Product are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not affected by the fact that the Goods become fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering possession of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Ocean Reef .

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 flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under correct usage and which arise exclusively from defective design, materials 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 provision 35, all reveal and suggested warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, info or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Item, their use and application, are expressly left out.

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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 Product including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller shall make great the problem by doing any one of the following at its alternative: (a) repairing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser 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 Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Goods or acquiring comparable Item; (d) the payment of the cost of having the Product repaired (Personal Training in The Vines Western Australia).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) 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 catalogues, catalog and other advertising matter, are meant merely to offer an indicator of the items described therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect might be affixed and it must not be defaced wiped out or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Pearsall .

If the Seller has actually followed a design or directions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and costs of the Seller emerging from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility shall 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 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 composing and unless specifically concurred by us in writing no provision for liquidated damages will form part of the contract.

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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 suitable jurisdiction in Australia. 43 - Gym in Padbury . Unless specified somewhere else it is the buyer's responsibility to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of performance of this contract any place and to the extent to which fulfilment of the exact same is prevented, disappointed or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding modification statement, security arrangement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and agrees that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.