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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer 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 includes an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the price that would have been the Purchase Cost if the mistake had 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 Product; (b) to get in the Purchaser's facilities (or the properties of any associated Business or representative where the Item lie) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products made using the Product are offered by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product sold or used in the manufacture of the Product offered in a separate recognizable account as the beneficial home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Product is not affected by the truth that the Goods become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller gets in those premises for the purpose of recovering belongings of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Joondalup .

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is only valid for problems or failure under correct use and which occur exclusively from faulty design, 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. Other than as provided in provision 35, all express and indicated guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) advice, recommendations, info or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Product, their usage and application, are specifically omitted.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) repairing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

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

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, catalog and other marketing matter, are meant simply to provide an indication of the goods explained therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that impact might be attached and it needs to not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the items. Gym in Edgewater .

If the Seller has followed a design or directions given by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no obligation shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Brabham WA. Unless specified somewhere else it is the purchaser's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

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

45. 1 In this clause funding declaration, funding modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have formerly been provided and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.