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

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If the Seller considers the Quote includes an error, such a miscalculation of the Purchase Cost, the Seller may 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 Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had 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 fully paid: (a) legal ownership of the Item; (b) to enter the Buyer's facilities (or the premises of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to seize the Product; 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 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 rate of the Goods offered or utilized in the manufacture of the Item sold in a different recognizable account as the helpful home of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Product is not impacted by the truth that the Goods become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Aveley .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the defect or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under proper usage and which occur exclusively from defective design, products or craftsmanship.

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. Except as offered in clause 35, all express and suggested guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Item, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential 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 negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, info or services offered by the Seller or the Seller's agents or employees.

34. If the Item are malfunctioning, the Seller will make great the defect by doing any among the following at its choice: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Division 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 Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Product; (d) the payment of the expense of having actually the Goods fixed (Personal Trainer in Woodvale ).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given 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 included in our catalogues, rate lists and other marketing matter, are meant simply to provide an indication of the items explained therein and none of these will form part of the agreement 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 affixed and it should not be ruined wiped out or removed from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Personal Training in Ocean Reef .

If the Seller has followed a style or guidelines provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller occurring from any violation of a patent, hallmark, registered style, 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, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall 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 appropriate jurisdiction in Australia. 43 - Group Training in Pearsall WA. Unless specified somewhere else it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of performance of this agreement any place and to the level to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing statement, financing change statement, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Goods that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.