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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer 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 Buyer in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

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

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to enter the Purchaser's facilities (or the premises of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to take possession 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 manufactured using the Item are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Goods sold in a separate recognizable account as the helpful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Goods is not affected by the reality that the Product end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the function of recovering ownership of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Woodvale .

Our liability in regard of any flaw 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 warranty period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under proper use and which develop entirely from faulty style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in provision 35, all express and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Goods, their usage and application, are specifically excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the advice, suggestions, info or services provided by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

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

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are intended merely to offer an indication of the goods described therein and none of these will form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that result may be affixed and it needs to not be ruined wiped out or eliminated from the products. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Greenwood .

If the Seller has followed a design or directions offered by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, expenses and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or instruction offered 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 the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this agreement unless specifically set forth 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 shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Wangara . Unless specified in other places it is the buyer's responsibility to obtain any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of efficiency of this agreement wherever and to the level to which fulfilment of the same is avoided, disappointed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause funding statement, financing modification declaration, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and agrees that these conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.