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

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price 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 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 fully paid: (a) legal ownership of the Product; (b) to enter the Purchaser's properties (or the properties of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or items manufactured using the Item are offered by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or used in the manufacture of the Product sold in a different recognizable account as the useful home of the Seller and shall 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 Product become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those facilities for the function of reclaiming belongings of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Gnangara WA.

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 restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the products, and is just legitimate for flaws or failure under proper usage and which occur exclusively from faulty style, materials or workmanship.

Without restricting 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 provided in clause 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) advice, suggestions, information or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their usage and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Goods or obtaining comparable Goods; (d) the payment of the expense of having the Item repaired (Group Training in Tapping ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially given 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, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are meant merely to provide an indicator of the products explained therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the products, an imprint to that result may be affixed and it should not be ruined wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the items. Gym in Warwick WA.

If the Seller has followed a style or directions given by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Marangaroo . Unless specified in other places it is the purchaser's duty to get any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, frustrated or hindered as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

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