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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 Buyer concurs that the concern of the Credit Note is an act of business excellent 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 thinks about the Quotation includes an error, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take possession of 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 using the Product are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Goods offered in a different identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not affected by the fact that the Item end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those facilities for the purpose of recovering belongings of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Joondalup Western Australia.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under proper usage and which develop solely from malfunctioning style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all express and implied guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services provided by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically omitted.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining equivalent Item; (d) the payment of the cost of having actually the Product fixed (Gym in Gnangara ).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (composed) 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 consisted of in our catalogues, catalog and other marketing matter, are intended simply to provide a sign of the goods explained therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect may be attached and it should not be ruined eliminated or removed from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Gym in Joondalup .

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

Agreements and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no responsibility 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 warranties whatsoever on our part whether expressed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Wanneroo Western Australia. Unless defined somewhere else it is the purchaser's responsibility to acquire any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or responsibility of efficiency of this contract wherever and to the extent to which fulfilment of the same is avoided, annoyed or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, financing modification statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these conditions make up a security agreement for the purposes of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.