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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees 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 Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Product, the Purchaser will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been miscalculated and chooses 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 not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made utilizing the Product are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods offered in a separate identifiable account as the useful property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Item become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller enters those facilities for the purpose of reclaiming possession of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Tapping 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 flaw or failure, is restricted to making excellent the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under correct use and which emerge entirely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in provision 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) advice, suggestions, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser regarding the Item, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the recommendations, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Product; (d) the payment of the expense of having the Goods repaired (Gym in henley Brook WA).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered 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, details of weights and dimensions included in our brochures, catalog and other marketing matter, are meant simply 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 styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be affixed and it needs to not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the goods. Personal Training in Ocean Reef WA.

If the Seller has followed a design or instructions given by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any agreement, 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, guarantees and assurances whatsoever on our part whether revealed or indicated shall 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 shall 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 brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Ocean Reef . Unless specified in other places it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this agreement any place and to the degree to which fulfilment of the exact same is prevented, disappointed or prevented 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 stipulation funding statement, financing modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and develops a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Customer.