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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial great 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 thinks about 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 contract is cancelled after delivery of the Goods, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

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

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

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If the Item are re-sold, or items manufactured utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing price of the Goods offered or used in the manufacture of the Item offered in a separate recognizable account as the beneficial residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Product become components attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming possession of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Woodvale .

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is just legitimate for problems or failure under correct usage and which develop entirely from malfunctioning style, products 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 purchaser. 32. Except as provided in provision 35, all reveal and implied warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, details or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Goods, 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 occurring out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or getting comparable Item; (d) the payment of the cost of having actually the Goods fixed (Gym in Carramar Western Australia).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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, details of weights and measurements consisted of in our catalogues, rate lists and other marketing matter, are meant merely to offer an indication of the goods explained therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it must not be defaced obliterated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Hillarys .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, 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 delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in composing no provision for liquidated damages shall 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Carramar . Unless specified somewhere else it is the purchaser's duty to get any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of efficiency of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or prevented 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 funding statement, financing change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Customer acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.