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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer 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 Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the premises of any associated Business or agent where the Goods are located) without liability for trespass or any resulting damage and to take belongings 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 made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Product sold in a separate identifiable account as the helpful residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the reality that the Item end up being fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is only legitimate for problems or failure under proper usage and which arise 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 purchaser. 32. Except as supplied in stipulation 35, all reveal and implied warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Purchaser 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 including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Item; or (c) taking the items 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 service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting comparable Item; (d) the payment of the expense of having actually the Product fixed (Group Training in Wanneroo Western Australia).

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 first provided its (written) 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 contained in our catalogues, catalog and other advertising matter, are intended merely to offer a sign of the products explained therein and none of these shall form part of the agreement unless specifically agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it needs to not be defaced obliterated or gotten rid of from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Aveley .

If the Seller has actually followed a design or directions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any violation of a patent, hallmark, registered style, copyright or typical law right. The Buyer on its part warrants that any design 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 deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Marangaroo Western Australia. Unless defined somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement anywhere and to the degree to which fulfilment of the very same is avoided, frustrated or hindered as an effect of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding modification statement, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms constitute a security contract for the functions of the PPSA and creates 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 Consumer.

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