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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quote includes an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate 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 up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the premises of any associated Business or agent where the Product lie) 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 Goods are re-sold, or products made utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Item end up being fixtures connected to the facilities of the Purchaser or a 3rd celebration, and if the Seller enters those properties for the purpose of reclaiming possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym 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 defect or failure, is limited to making excellent the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for defects or failure under appropriate use and which occur exclusively from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Goods, 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 substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage occurring 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 Goods; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are faulty, the Seller will make good the problem by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Item or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Gym in Carramar WA).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) 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 catalogues, catalog and other marketing matter, are planned merely to offer an indication of the products described therein and none of these shall form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the items, an imprint to that effect might be attached and it should not be defaced wiped out or eliminated from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Training in Pearsall .

If the Seller has followed a style or guidelines offered by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller occurring from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or guideline provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether expressed or implied will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Sorrento Western Australia. Unless defined in other places it is the buyer's responsibility to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of performance of this contract anywhere and to the degree to which fulfilment of the exact same is prevented, annoyed or impeded as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.