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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 agrees that the concern of the Credit Note is an act of commercial excellent 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 Quote contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Rate and the price that would have been the Purchase Price if the mistake 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 fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the properties of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Goods end up being components connected to the premises of the Purchaser or a third party, and if the Seller goes into those properties for the function of reclaiming belongings of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Ocean Reef .

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under correct usage and which arise solely from defective 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 provided in stipulation 35, all express and suggested guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Goods, their use and application, are specifically left out.

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The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are defective, the Seller shall make good the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) changing the Product; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has actually 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 Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or getting comparable Product; (d) the payment of the cost of having actually the Product fixed (Personal Trainer in Marangaroo Western Australia).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, price lists and other marketing matter, are meant simply to provide an indicator of the goods explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the products, an imprint to that effect might be attached and it should not be ruined eliminated or gotten rid of from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Gym in Hillarys Western Australia.

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

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, 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 duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed 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 lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Warwick Western Australia. Unless defined elsewhere it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing statement, funding change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.