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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of industrial good 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 thinks about the Quote contains an error, such a mistake of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, 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 following rights in relation to the Goods up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to take possession of the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Item sold in a different identifiable account as the useful home of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Item become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the function of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Lansdale .

Our liability in regard of any defect 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 expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under proper usage and which develop entirely from defective design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Buyer regarding the Item, their use and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller shall make excellent the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Goods or getting comparable Item; (d) the payment of the cost of having the Product fixed (Personal Training in Joondalup WA).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially 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, details of weights and dimensions contained in our catalogues, price lists and other advertising matter, are intended merely to provide a sign of the products explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the items, an imprint to that effect might be attached and it needs to not be defaced eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Gym in Brabham .

If the Seller has followed a design or directions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, costs and costs of the Seller occurring from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and shipments might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Greenwood WA. Unless specified in other places it is the buyer's obligation 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 eliminated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the same is prevented, annoyed or hindered as a repercussion of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, funding modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.