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

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement 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 considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the properties of any associated Business or agent where the Goods are situated) 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 produced using the Item are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Product offered in a separate identifiable account as the beneficial home of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Product is not impacted by the reality that the Goods end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Lansdale .

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under proper use and which develop exclusively from malfunctioning style, products or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in provision 35, all reveal and suggested service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its staff members, servants or representatives to the Buyer concerning the Product, their usage and application, are specifically omitted.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller shall make excellent the defect by doing any among the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or acquiring comparable Product; (d) the payment of the expense of having actually the Item repaired (Group Training in Carramar WA).

36. The Purchaser needs to not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other advertising matter, are planned merely to give a sign of the products explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that result might be affixed and it must not be defaced wiped out or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Carramar .

If the Seller has actually followed a style or instructions provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller emerging from any infringement of a patent, hallmark, registered design, copyright or common law right. The Buyer on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall 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 brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Tapping . Unless specified elsewhere it is the buyer's obligation to acquire any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security arrangement for the functions of the PPSA and develops a security interest in all Product that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.