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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business good 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 thinks about the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Buyer will make the Item readily 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 Purchaser will pay to the Seller, as needed, the distinction between the Purchase Price and the cost that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Product are re-sold, or products manufactured utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Product sold in a separate recognizable account as the helpful property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Product become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the function 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 Trainer in Darch WA.

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making excellent the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the products, and is just valid for problems or failure under correct use and which arise entirely from malfunctioning style, products or craftsmanship.

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 offered in stipulation 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or workmanship; or (c) advice, recommendations, details or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Product, their use and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller shall make excellent the flaw by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or obtaining equivalent Product; (d) the payment of the cost of having the Product repaired (Personal Trainer in Warwick ).

36. The Buyer must not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first provided 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, particulars of weights and measurements contained in our catalogues, catalog and other advertising matter, are planned simply to provide an indication of the products explained therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it must not be ruined wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Group Training in Lansdale .

If the Seller has followed a design or instructions provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any infringement of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or instruction provided by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident 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 forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated 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 contract.

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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 Trainer in Singara . Unless defined somewhere else it is the purchaser's duty to acquire any authorizations and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the very same is prevented, disappointed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding modification declaration, security agreement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.