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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has actually been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Price and the price that would have been the Purchase Rate if the mistake had actually not been made.

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

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If the Product are re-sold, or items manufactured utilizing the Goods are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Item sold in a different recognizable account as the useful property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the truth that the Goods end up being fixtures attached to the facilities of the Purchaser or a third party, and if the Seller gets in those facilities for the purpose of recovering ownership of the items, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in henley Brook WA.

Our liability in respect 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 great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under proper usage and which develop solely from defective design, products 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 buyer. 32. Except as offered in clause 35, all express and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, materials or workmanship; or (c) guidance, suggestions, info or services offered by the Seller, its staff members, servants or representatives to the Purchaser concerning the Product, their usage and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller will make good the problem by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 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 obtaining comparable Item; (d) the payment of the expense of having the Goods repaired (Personal Training in Sorrento WA).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, cost lists and other advertising matter, are planned merely to offer an indication of the goods explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that effect may be attached and it must not be defaced eliminated or removed from the items. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Group Training in henley Brook .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly 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 shall form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Brabham . Unless specified somewhere else it is the purchaser's responsibility to get any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of efficiency of this contract wherever and to the degree to which fulfilment of the same is avoided, frustrated or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause financing statement, financing modification declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have formerly been provided which will be provided in the future by FLEX FITNESS Devices to the Client.