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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial 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 Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the price that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the properties of any associated Business or agent where the Product lie) without liability for trespass or any resulting damage and to acquire 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 utilizing the Item are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Item offered or used in the manufacture of the Product sold in a different recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not impacted by the reality that the Goods become components attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering possession of the items, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Sorrento .

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 problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under proper usage and which arise entirely from defective style, materials 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 supplied in stipulation 35, all reveal and suggested guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their usage and application, are specifically omitted.

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The Seller will not be liable to the Buyer 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 including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Item are faulty, the Seller will make great the defect by doing any among the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or acquiring equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Personal Trainer in Woodvale WA).

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

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the items, an imprint to that effect might be attached and it should not be defaced obliterated or gotten rid of from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Gym in Sorrento .

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or indicated shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed 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 contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Woodvale . Unless defined elsewhere it is the buyer's responsibility to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this contract anywhere and to the degree to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding statement, funding change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.