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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer 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 consists of an error, such a mistake of the Purchase Rate, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's facilities (or the properties of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Goods; 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 produced using the Item are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Goods offered in a separate identifiable account as the beneficial home of the Seller and will pay such total up 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 properties of the Buyer or a 3rd party, and if the Seller enters those premises for the function of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Sorrento WA.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is just valid for flaws or failure under appropriate use and which emerge entirely from faulty design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, products or workmanship; or (c) guidance, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Buyer regarding the Product, their usage and application, are specifically excluded.

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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 emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller shall make great the problem by doing any among the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or obtaining equivalent Item; (d) the payment of the cost of having the Goods repaired (Nutritionist in Aveley ).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other marketing matter, are planned merely to give an indicator of the goods described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the products, an imprint to that impact might be affixed and it needs to not be defaced wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Group Training in Warwick WA.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether revealed or implied shall form part of this contract unless specifically 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 will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless defined somewhere else it is the buyer's responsibility to get any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this agreement any place and to the level to which fulfilment of the very same is prevented, annoyed or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, funding modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Item that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.