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

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If the Seller considers the Quotation includes a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or items made utilizing the Item are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the useful home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the truth that the Item end up being components attached to the premises of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Woodvale WA.

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is only valid for defects or failure under proper use and which emerge solely from malfunctioning design, 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 purchaser. 32. Except as offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, info or services offered by the Seller, its employees, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are faulty, the Seller will make great the defect by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Item or getting comparable Product; (d) the payment of the expense of having actually the Item fixed (Group Training in Wanneroo Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially given 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 included in our brochures, rate lists and other advertising matter, are planned simply to offer an indicator of the products explained therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that impact may be affixed and it must not be defaced obliterated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Group Training in Sorrento Western Australia.

If the Seller has followed a style or instructions given by the Buyer, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller developing from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Carramar Western Australia. Unless defined somewhere else it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of performance of this contract anywhere and to the extent to which fulfilment of the same is avoided, frustrated or prevented as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause financing declaration, financing change declaration, security arrangement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.