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

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the cost that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the facilities of any associated Company or agent where the Item are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products manufactured utilizing the Goods are offered by the Buyer, the Buyer will hold such part of the earnings of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Item sold in a separate identifiable account as the helpful home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Goods end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under proper usage and which emerge solely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and implied guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, 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 workers.

34. If the Item are malfunctioning, the Seller shall make excellent the defect by doing any among the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually 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 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Goods fixed (Personal Training in henley Brook Western Australia).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation 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, details of weights and dimensions consisted of in our brochures, price lists and other marketing matter, are meant merely to provide a sign of the products described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the products, an imprint to that impact might be attached and it should not be ruined eliminated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the goods. Personal Trainer in Brabham .

If the Seller has actually followed a style or directions provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, hallmark, registered style, copyright or typical 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, registered style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Sorrento . Unless defined elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

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