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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 Buyer agrees that the issue of the Credit Note is an act of commercial great 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 includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser 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 Buyer will pay to the Seller, as needed, the distinction in between the Purchase Rate and the cost that would have been the Purchase Rate if the error had not been made.

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

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If the Product are re-sold, or items made utilizing the Product are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods offered in a different 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 residential or commercial property in the Goods is not impacted by the truth that the Product become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Ellenbrook .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the goods, and is only legitimate for flaws or failure under proper use and which arise exclusively from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its employees, servants or agents to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, information or services offered by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or getting equivalent Item; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Marangaroo ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first 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, particulars of weights and measurements consisted of in our brochures, price lists and other marketing matter, are meant merely to provide an indication of the products explained therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that effect might be affixed and it must not be defaced obliterated or removed from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Personal Training in Brabham Western Australia.

If the Seller has actually followed a design or instructions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style 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 disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing 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 will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Ellenbrook Western Australia. Unless defined somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of performance of this agreement wherever and to the level to which fulfilment of the same is prevented, disappointed or prevented 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 financing statement, financing change statement, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.