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

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If the Seller thinks about the Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods readily 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 elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the price 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 Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the properties of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Item are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Item sold in a separate identifiable account as the helpful property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item end up being components connected to the facilities of the Purchaser or a third party, and if the Seller enters those facilities for the purpose of reclaiming belongings of the products, and sustains any liability to any individual in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Aveley .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the items, and is just valid for defects or failure under proper use and which occur entirely from faulty style, materials or workmanship.

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 supplied in clause 35, all express and indicated service warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Item, their use and application, are expressly left out.

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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 emerging 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 employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or getting equivalent Item; (d) the payment of the expense of having actually the Goods fixed (Gym in Edgewater Western Australia).

36. The Buyer needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, rate lists and other marketing matter, are planned merely to offer an indication 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 effect might be attached and it must not be ruined wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Gym in Mullaloo .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this contract unless specifically stated 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 lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Ellenbrook Western Australia. Unless defined in other places it is the buyer's obligation to acquire any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser'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, frustrated or impeded as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, funding modification statement, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and concurs that these terms and conditions make up a security arrangement for the functions of the PPSA and develops a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.