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25. If the Seller issues 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 excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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

If the Seller thinks about that the Purchase Price has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the cost that would have been the Purchase Cost if the error had not been made.

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

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If the Item are re-sold, or products made using the Item are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Product offered in a different identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Product become components connected to the premises of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming possession of the items, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in The Vines .

Our liability in respect of any flaw in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is just legitimate for defects or failure under correct use and which emerge exclusively from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all reveal and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, setup, products or workmanship; or (c) recommendations, recommendations, details or services provided by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their use and application, are expressly excluded.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the advice, suggestions, details or services supplied by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller will make good the flaw by doing any among the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the cost of having the Item repaired (Nutritionist in Wanneroo ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, price lists and other advertising matter, are planned merely to offer an indication of the items explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it should not be ruined wiped out or eliminated from the goods. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Gym in Marangaroo .

If the Seller has followed a design or guidelines offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any infringement of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation will 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 indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Edgewater WA. Unless defined in other places it is the purchaser's responsibility to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is avoided, disappointed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, funding modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and produces a security interest in all Product that have actually formerly been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.