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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

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If the Seller thinks about the Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had actually 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 Buyer's premises (or the facilities of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items produced utilizing the Product are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Product offered in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Item is not affected by the reality that the Product become fixtures connected to the properties of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the goods, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Darch .

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is just legitimate for flaws or failure under proper usage and which arise exclusively from faulty design, materials or craftsmanship.

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. Other than as supplied in stipulation 35, all express and suggested service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, info or services offered by the Seller, its workers, servants or agents to the Buyer relating to the Goods, their use and application, are expressly left out.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's agents or workers.

34. If the Goods are faulty, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of replacing the Item or acquiring comparable Item; (d) the payment of the expense of having the Item repaired (Nutritionist in Aveley ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other advertising matter, are planned simply to offer an indication of the products explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it should not be defaced wiped out or gotten rid of from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Group Training in Lansdale .

If the Seller has followed a design or guidelines offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or suggested will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Gym in Darch Western Australia. Unless defined elsewhere it is the buyer's responsibility to obtain any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this contract anywhere and to the extent to which fulfilment of the very same is avoided, annoyed or prevented as a repercussion of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding change declaration, security contract, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Client.