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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Price has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Price and the price that would have been the Purchase Cost 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 fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the premises of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured utilizing the Item are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Item offered or used in the manufacture of the Goods offered in a different identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Ocean Reef .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is just valid for flaws or failure under correct usage and which develop entirely from defective design, materials 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 offered in provision 35, all express and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller will make excellent the defect by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Product; 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 warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Item; (d) the payment of the cost of having the Goods repaired (Gym in Padbury ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other marketing matter, are planned merely to offer a sign of the goods explained therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that effect may be attached and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Group Training in Gnangara Western Australia.

If the Seller has actually followed a style or guidelines given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller arising from any infringement of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, 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 performance of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this contract 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 provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Darch . Unless specified in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, funding change statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.