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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs 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 Buyer 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 contains a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Goods, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate 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 Rate and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Product are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing rate of the Item sold or utilized in the manufacture of the Item sold in a different identifiable account as the advantageous home of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Goods end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the function of recovering belongings of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in henley Brook Western Australia.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only legitimate for defects or failure under correct use and which arise entirely from defective style, materials or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as provided in stipulation 35, all reveal and implied guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, setup, products or workmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its staff members, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly excluded.

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The Seller shall 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 Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Item are defective, the Seller will make great the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has actually 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 Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Product or obtaining equivalent Item; (d) the payment of the cost of having the Product fixed (Personal Training in Warwick Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first offered 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, details of weights and dimensions contained in our catalogues, catalog and other advertising matter, are planned simply to offer a sign of the products explained therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the goods, an imprint to that result may be attached and it must not be defaced obliterated or removed from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Group Training in Edgewater .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Edgewater . Unless specified in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the level to which fulfilment of the exact same is prevented, disappointed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, funding change statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.