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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Product are re-sold, or items produced using the Item are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Goods sold in a separate identifiable account as the beneficial home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Product is not affected by the truth that the Goods end up being components attached to the facilities of the Purchaser or a 3rd celebration, and if the Seller gets in those premises for the purpose 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. Group Training in Ellenbrook Western Australia.

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only legitimate for problems or failure under correct use and which develop exclusively from malfunctioning design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all express and implied warranties, guarantees 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) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its workers, servants or agents to the Buyer concerning the Product, their use and application, are expressly left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Goods or getting equivalent Goods; (d) the payment of the expense of having actually the Product repaired (Personal Trainer in Tapping Western Australia).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are planned simply to provide an indicator 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 styles or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it must not be ruined wiped out or removed from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Group Training in henley Brook WA.

If the Seller has followed a design or instructions given by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, 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, service warranties and warranties whatsoever on our part whether expressed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no provision for liquidated damages will 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 generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Brabham WA. Unless specified elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this agreement wherever and to the extent to which fulfilment of the same is avoided, annoyed or prevented as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms constitute a security contract for the functions of the PPSA and develops a security interest in all Item that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.