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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 Purchaser concurs 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 pertaining to the issue of the Credit Note.

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

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to get in the Purchaser's properties (or the facilities of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced utilizing the Goods are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Item offered in a different identifiable account as the beneficial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the reality that the Product become fixtures connected to the premises of the Buyer or a 3rd celebration, and if the Seller gets in those properties for the purpose of recovering belongings of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Lansdale Western Australia.

Our liability in regard of any problem in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under proper use and which emerge solely from malfunctioning design, 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 buyer. 32. Except as supplied in stipulation 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Goods, their usage and application, are specifically left out.

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

34. If the Product are malfunctioning, the Seller will make good the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of replacing the Product or obtaining comparable Goods; (d) the payment of the cost of having the Item repaired (Gym in Padbury Western Australia).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation 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 measurements consisted of in our catalogues, price lists and other advertising matter, are planned simply to give an indicator of the items described 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 styles or copyright functions are embodied in the design of the products, an imprint to that impact might be affixed and it needs to not be ruined eliminated or removed from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the goods. Gym in Darch .

If the Seller has followed a style or instructions offered by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, hallmark, 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 design, trademark, copyright or common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Aveley Western Australia. Unless defined somewhere else it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or responsibility of performance of this contract any place and to the degree to which fulfilment of the same is avoided, disappointed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

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