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25. If the Seller issues 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 excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the premises of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced utilizing the Product are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Goods offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the reality that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of recovering possession of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Ellenbrook Western Australia.

Our liability in regard of any problem in, or failure of the products 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 assurance duration is 12 months from the date of approval of the items, and is just valid for defects or failure under proper usage and which develop solely from malfunctioning style, materials 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. Except as offered in stipulation 35, all express and indicated warranties, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, suggestions, info or services offered by the Seller, its staff members, servants or representatives to the Purchaser relating to the Goods, their use and application, are expressly left out.

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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 arising out of or in relation to the Product consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller shall make good the flaw by doing any among the following at its choice: (a) fixing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has 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 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or getting comparable Product; (d) the payment of the expense of having actually the Goods fixed (Nutritionist in Tapping WA).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions consisted of in our catalogues, catalog and other marketing matter, are intended simply to offer a sign of the items described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it must not be defaced wiped out or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Gym in Tapping .

If the Seller has followed a design or guidelines offered by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenditures of the Seller arising from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction provided by it will not trigger the Seller to infringe any patent, registered design, 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, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying 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 forgoing causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or indicated shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Padbury Western Australia. Unless defined somewhere else it is the purchaser's duty to obtain any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of performance of this contract wherever and to the degree to which fulfilment of the same is prevented, annoyed or impeded as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing modification statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.