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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser 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 a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to take belongings of the Item; 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 manufactured utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods sold or utilized in the manufacture of the Product offered in a separate identifiable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Product end up being fixtures connected to the premises of the Buyer or a third party, and if the Seller goes into those facilities for the purpose of reclaiming possession of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Ocean Reef Western Australia.

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own cost. Our assurance period is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under appropriate use and which arise exclusively from malfunctioning design, 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 offered in stipulation 35, all express and suggested warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Purchaser concerning the Item, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are malfunctioning, the Seller will make good the defect by doing any among the following at its alternative: (a) repairing the Goods; 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 indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Item fixed (Personal Training in Sorrento ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation 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 Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, catalog and other advertising matter, are planned merely to provide an indicator of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it must not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Personal Training in Ocean Reef .

If the Seller has followed a style or instructions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and expenses of the Seller emerging from any violation of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or direction provided by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing 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 Sorrento WA. Unless defined elsewhere it is the buyer's obligation to get any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the same is prevented, disappointed or impeded as an effect of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing change declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.