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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 concurs that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product 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 facilities of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to take ownership 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 products made utilizing the Product 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 Item sold or utilized in the manufacture of the Item offered in a separate identifiable account as the useful 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 reality that the Goods become fixtures attached to the properties of the Purchaser or a third party, and if the Seller gets in those properties for the function of reclaiming ownership of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Sorrento WA.

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is only valid for defects or failure under appropriate usage and which arise exclusively from malfunctioning style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in provision 35, all reveal and suggested warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its employees, servants or representatives to the Buyer relating to the Product, their usage and application, are specifically 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 arising out of or in relation to the Product including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or getting equivalent Product; (d) the payment of the cost of having the Goods repaired (Personal Trainer in Ellenbrook WA).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, catalog and other marketing matter, are meant simply to offer an indicator of the products 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 items, an imprint to that result might be affixed and it must not be defaced wiped out or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Gym in Singara .

If the Seller has followed a style or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller occurring from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees 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 agreed by us in composing and unless expressly concurred by us in composing 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 shall be generated the Court of proper jurisdiction in Australia. 43 - Gym in Singara . Unless specified somewhere else it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement any place and to the extent to which fulfilment of the same is prevented, disappointed or hindered as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing declaration, funding modification declaration, security arrangement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS Devices to the Customer.