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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Rate and the price that would have been the Purchase Cost if the error 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 completely paid: (a) legal ownership of the Goods; (b) to enter the Buyer's facilities (or the premises of any associated Business or representative where the Goods 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 Product are re-sold, or products manufactured using the Item are sold by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or used in the manufacture of the Product offered in a different identifiable account as the helpful home of the Seller and shall pay such amount 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 end up being components connected to the facilities of the Buyer or a third celebration, and if the Seller gets in those facilities for the purpose of reclaiming possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Pearsall .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate use and which emerge exclusively from faulty design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in provision 35, all express and implied service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its workers, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's agents or workers.

34. If the Item are defective, the Seller shall make good the problem by doing any one of the following at its alternative: (a) repairing the Item; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Product or getting comparable Product; (d) the payment of the expense of having actually the Item fixed (Group Training in Greenwood ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, catalog and other advertising matter, are intended merely to offer an indication of the items described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the style of the items, an imprint to that effect may be attached and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Pearsall .

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller arising from any violation of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred 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 shall be generated the Court of suitable jurisdiction in Australia. 43 - Gym in Carramar . Unless defined elsewhere it is the purchaser's obligation to obtain any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this agreement any place and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding declaration, financing modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms make up a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Client.