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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of business great 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 Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the list below 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 go into the Purchaser's facilities (or the properties of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Goods offered in a different recognizable account as the helpful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Item is not affected by the fact that the Item become components attached to the properties of the Purchaser or a 3rd celebration, and if the Seller enters those facilities for the function of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Woodvale .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under correct usage and which develop entirely from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all express and implied warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its employees, servants or representatives to the Buyer concerning the Goods, their usage and application, are expressly omitted.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller shall make excellent the defect by doing any among the following at its alternative: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or getting comparable Item; (d) the payment of the cost of having actually the Item repaired (Gym in Wangara ).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, price lists and other advertising matter, are planned simply to give a sign of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect may be attached and it needs to not be defaced wiped out or eliminated from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Singara Western Australia.

If the Seller has actually followed a style or guidelines offered by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly 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 suitable jurisdiction in Australia. 43 - Gym in Ocean Reef Western Australia. Unless defined somewhere else it is the buyer's responsibility to get any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of efficiency of this contract anywhere and to the level to which fulfilment of the very same is avoided, disappointed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision financing declaration, funding change statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer 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 Product that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.