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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees 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 Purchaser 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 mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the price that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the facilities of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Item are offered by the Purchaser, the Purchaser will hold such part of the profits of any such sale as represents the invoice cost of the Product sold or used in the manufacture of the Product sold in a different recognizable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Goods become fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering belongings of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer 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 defect or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the items, and is only legitimate for problems or failure under correct use and which develop exclusively from malfunctioning style, materials 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 purchaser. 32. Other than as offered in provision 35, all express and indicated warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, setup, products or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Product, their usage and application, are specifically excluded.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

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

35. If the Seller is accountable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or acquiring equivalent Product; (d) the payment of the cost of having actually the Item repaired (Group Training in Brabham ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other marketing matter, are planned merely to provide an indicator of the products described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that effect may be affixed and it needs to not be defaced eliminated or eliminated from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Tapping .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision 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 will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Padbury . Unless defined elsewhere it is the buyer's duty to get any permits and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or duty of efficiency of this contract wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or hindered as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

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