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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue 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 pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the properties of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or items manufactured using the Product are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product offered or utilized in the manufacture of the Item offered in a different recognizable account as the helpful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Product become fixtures connected to the premises of the Purchaser or a third celebration, and if the Seller enters those properties for the purpose of recovering belongings of the goods, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Padbury .

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the products, and is just legitimate for problems or failure under proper usage and which arise solely from malfunctioning style, materials 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 purchaser. 32. Other than as offered in stipulation 35, all reveal and implied service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Purchaser concerning the Item, their use and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the flaw by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the cost of replacing the Item or obtaining comparable Goods; (d) the payment of the cost of having actually the Item repaired (Gym in Lansdale ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (written) 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 measurements contained in our brochures, catalog and other marketing matter, are planned merely to give an indication of the items described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that result may be affixed and it should not be defaced obliterated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Group Training in Ocean Reef .

If the Seller has followed a style or instructions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, hallmark, signed up style, copyright or common law right. The Purchaser on its part warrants that any style or guideline provided by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no arrangement 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 brought in the Court of proper jurisdiction in Australia. 43 - Personal Training in Joondalup . Unless specified somewhere else it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or duty of efficiency of this contract wherever and to the degree to which fulfilment of the same is avoided, disappointed or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security arrangement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Customer.