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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser 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 pertaining to the concern of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake 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 Goods, the Purchaser will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference 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 up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the facilities of any associated Business or agent where the Goods are situated) without liability for trespass or any resulting damage and to take possession of 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 using the Goods are sold by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Goods sold in a different recognizable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the reality that the Goods end up being components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Lansdale .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is only legitimate for defects or failure under correct use and which emerge exclusively from malfunctioning style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Purchaser regarding the Item, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, recommendations, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Product are malfunctioning, the Seller will make great the flaw by doing any one of the following at its choice: (a) repairing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Item or getting equivalent Product; (d) the payment of the cost of having the Item fixed (Gym in Marangaroo ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given 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 dimensions contained in our catalogues, catalog and other advertising matter, are intended merely to give an indicator of the goods described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that impact may be attached and it should not be ruined wiped out or removed from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Personal Trainer in Carramar Western Australia.

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

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or postponing the execution or performance of any agreement, and no duty 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 indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the contract.

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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 suitable jurisdiction in Australia. 43 - Group Training in Mullaloo . Unless specified somewhere else it is the buyer's responsibility to obtain any permits and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this contract wherever and to the degree to which fulfilment of the very same is avoided, annoyed or prevented as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing change statement, security contract, 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 agrees that these terms make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.