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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 agrees 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 Purchaser 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 Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the premises of any associated Company or representative where the Product are located) 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 Item are re-sold, or products made using the Item are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Item offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Hillarys Western Australia.

Our liability in respect of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is just valid for flaws or failure under proper usage and which occur entirely from malfunctioning style, products or craftsmanship.

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. Except as provided in clause 35, all express and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services offered by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their use and application, are expressly omitted.

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

34. If the Goods are malfunctioning, the Seller will make excellent the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Goods; 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 liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or getting equivalent Product; (d) the payment of the expense of having the Product repaired (Group Training in Singara ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has initially offered 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 dimensions contained in our brochures, cost lists and other marketing matter, are planned merely to provide an indication of the products described therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the items, an imprint to that effect may be affixed and it should not be defaced wiped out or removed from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Gym in Joondalup .

If the Seller has actually followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, costs and costs of the Seller arising from any infringement of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any style or direction given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in composing no arrangement for liquidated damages will 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 appropriate jurisdiction in Australia. 43 - Gym in Wanneroo . Unless specified elsewhere it is the buyer's duty to acquire any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing change statement, security contract, 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 concurs that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Goods that have previously been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.