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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 Buyer agrees that the concern of the Credit Note is an act of business excellent 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 considers the Quote consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Cost if the error had not been made.

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

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If the Item are re-sold, or products made using the Item are sold by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Product sold in a different recognizable account as the useful residential or commercial property of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the truth that the Product end up being components attached to the premises of the Buyer or a third celebration, and if the Seller enters those facilities for the function of reclaiming belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Brabham .

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is only valid for problems or failure under appropriate usage and which occur exclusively from defective design, materials or workmanship.

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 reveal and indicated 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, details or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Item, their usage and application, are specifically left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, info or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make excellent the defect by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Rate 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 Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or obtaining equivalent Product; (d) the payment of the expense of having actually the Item repaired (Group Training in Tapping ).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other marketing matter, are planned merely to offer an indication of the goods explained therein and none of these will form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it needs to not be defaced eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Warwick .

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

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, 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 responsibility will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Gnangara . Unless defined elsewhere it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the very same is avoided, annoyed or impeded as a consequence of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these terms and conditions constitute a security arrangement for the functions of the PPSA and develops a security interest in all Product that have actually formerly been provided and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.