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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, 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 Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the price that would have been the Purchase Cost if the error had actually not been made.

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

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If the Goods are re-sold, or items produced using the Item are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Item sold or used in the manufacture of the Item offered in a separate identifiable account as the helpful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the reality that the Product end up being components attached to the properties of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of reclaiming belongings of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Hillarys .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for flaws or failure under appropriate use and which develop exclusively from defective design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all reveal and indicated warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, information or services supplied by the Seller, its staff members, servants or representatives to the Buyer regarding the Item, their usage and application, are specifically omitted.

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The Seller shall not be accountable 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 Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, suggestions, details or services offered by the Seller or the Seller's agents or employees.

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

35. If the Seller is responsible for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Item or acquiring comparable Item; (d) the payment of the cost of having the Goods repaired (Personal Training in Woodvale Western Australia).

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 first offered its (written) 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 dimensions consisted of in our brochures, catalog and other marketing matter, are meant merely to give an indication of the items described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that effect might be attached and it needs to not be defaced obliterated or removed from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Pearsall .

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, expenses and costs of the Seller developing from any violation of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated will form part of this agreement 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 composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Greenwood . Unless defined somewhere else it is the buyer's obligation to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of efficiency of this contract any place and to the extent to which fulfilment of the very same is avoided, disappointed or prevented as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms and conditions make up a security contract for the purposes of the PPSA and produces a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.