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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 issue of the Credit Note is an act of industrial great 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 a mistake, such a mistake of the Purchase Cost, the Seller may 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 Product, the Buyer will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price 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 Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the premises of any associated Company or agent where the Product are situated) 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 Item are re-sold, or items manufactured using the Goods are sold by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Product offered or used in the manufacture of the Product sold in a different recognizable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Item become components connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Wangara .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for problems or failure under correct use and which emerge entirely from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and suggested guarantees, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their usage and application, are expressly left out.

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The Seller will not be accountable 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 emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Item; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or obtaining comparable Product; (d) the payment of the expense of having actually the Product repaired (Personal Trainer in Warwick WA).

36. The Purchaser should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (written) 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 dimensions included 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 contract 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 items, an imprint to that impact may be attached and it must 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 Wanneroo .

If the Seller has actually followed a design or directions offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, registered design, copyright or typical law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or performance of any agreement, 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 implied will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically concurred by us in composing 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Warwick . Unless specified elsewhere it is the buyer's duty to get any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or responsibility of performance of this agreement wherever and to the level to which fulfilment of the exact same is prevented, annoyed or prevented as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

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