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

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If the Seller thinks about the Quotation contains an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Item 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 premises (or the premises of any associated Company or representative 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 Product are re-sold, or items manufactured utilizing the Item are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Product sold or utilized in the manufacture of the Goods offered in a different recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the truth that the Product become components attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering ownership of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Wangara .

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 great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for defects or failure under correct use and which arise entirely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all express and suggested service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods 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 excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or obtaining equivalent Product; (d) the payment of the expense of having actually the Product repaired (Gym in Woodvale ).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our brochures, catalog and other advertising matter, are meant merely to give a sign of the goods described therein and none of these will form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that impact might be attached and it needs to not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Nutritionist in Aveley .

If the Seller has followed a design or guidelines offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and costs of the Seller occurring from any violation of a patent, trademark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and shipments might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Lansdale . Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of performance of this agreement any place and to the extent to which fulfilment of the same is prevented, annoyed or hindered as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, financing change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.