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

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If the Seller considers the Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the price that would have been the Purchase Rate if the error had 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 fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the facilities of any associated Company or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Product are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Goods sold in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's property in the Goods is not affected by the reality that the Goods end up being fixtures connected to the premises of the Purchaser or a third party, and if the Seller goes into those premises for the purpose of recovering ownership of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Darch Western Australia.

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for problems or failure under appropriate usage and which develop exclusively from malfunctioning design, materials or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in stipulation 35, all reveal and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Product, their use and application, are expressly excluded.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, recommendations, details or services supplied by the Seller or the Seller's representatives or employees.

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

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having actually the Product fixed (Group Training in The Vines ).

36. The Purchaser should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given 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 consisted of in our brochures, cost lists and other marketing matter, are planned simply to provide an indication 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, registered designs or copyright functions are embodied in the design of the goods, an imprint to that result may be affixed and it should not be ruined obliterated or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Tapping .

If the Seller has followed a style or guidelines offered by the Purchaser, the Buyer will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction given by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed 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 specifically concurred by us in writing no arrangement 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 generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Sorrento . Unless defined somewhere else it is the purchaser's duty to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this contract wherever and to the level to which fulfilment of the very same is prevented, frustrated or hindered as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Client acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually formerly been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.