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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 Buyer concurs that the issue of the Credit Note is an act of industrial excellent 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 contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's properties (or the premises 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 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 products produced using the Product are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item offered or used in the manufacture of the Product sold in a different recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the fact that the Product become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Aveley .

Our liability in regard of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only valid for problems or failure under correct use and which develop exclusively from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and suggested guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) advice, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their use and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Item; 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 responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining equivalent Product; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Singara Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, price lists and other marketing matter, are intended merely to provide an indicator of the items described therein and none of these shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that impact may be affixed and it must not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Group Training in Greenwood WA.

If the Seller has actually followed a style or directions offered by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and costs of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility shall connect 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 suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed 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 brought in the Court of proper jurisdiction in Australia. 43 - Gym in henley Brook WA. Unless defined elsewhere it is the purchaser's obligation to obtain any permits and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this agreement anywhere and to the level to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.