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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 concurs that the issue 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 considers the Quotation consists of a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to get in the Purchaser's premises (or the premises of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to take belongings of the Item; 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 manufactured using the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Item offered or used in the manufacture of the Product offered in a separate identifiable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not affected by the truth that the Item end up being fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering possession of the goods, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Warwick .

Our liability in regard of any flaw in, or failure of the items provided, 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 cost. Our warranty duration is 12 months from the date of acceptance of the products, and is only valid for flaws or failure under proper usage and which emerge exclusively from malfunctioning design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Buyer concerning the Product, their use and application, are specifically left out.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller will make excellent the problem by doing any among the following at its choice: (a) repairing the Item; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 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 of the Goods; (c) the payment of the cost of changing the Goods or getting comparable Item; (d) the payment of the expense of having actually the Item fixed (Personal Trainer in Woodvale ).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote 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, details of weights and measurements contained in our catalogues, cost lists and other marketing matter, are planned simply to offer an indicator of the items explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that result might be attached and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the items. Gym in henley Brook WA.

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement 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 suitable jurisdiction in Australia. 43 - Gym in Padbury Western Australia. Unless specified in other places it is the buyer's duty to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of efficiency of this agreement any place and to the level 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 requisition order or ruling made there under.

45. 1 In this clause funding statement, funding modification declaration, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.