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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 concern of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the properties of any associated Company or agent 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 utilizing the Goods are sold by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Product sold in a different recognizable account as the useful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Product end up being components connected to the facilities of the Buyer or a 3rd celebration, and if the Seller enters those premises for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in The Vines .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under proper use and which develop exclusively from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, materials or workmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their usage and application, are expressly left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, info or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller shall make great the flaw by doing any among the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or obtaining comparable Goods; (d) the payment of the expense of having actually the Item fixed (Personal Training in Aveley ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, rate lists and other advertising matter, are planned merely to give an indicator of the goods described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the products, an imprint to that effect may be affixed and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Gym in Ocean Reef Western Australia.

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Padbury . Unless defined in other places it is the buyer's duty to acquire any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this agreement any place and to the extent to which fulfilment of the same is prevented, disappointed or prevented as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

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