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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 Purchaser agrees that the problem of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller thinks about the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Buyer's premises (or the premises of any associated Business 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 items produced utilizing the Goods are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the helpful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the fact that the Goods end up being fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Sorrento .

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under appropriate use and which emerge solely from faulty design, products 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 implied service warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are specifically omitted.

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The Seller shall not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, suggestions, information or services provided by the Seller or the Seller's agents or employees.

34. If the Product are malfunctioning, the Seller shall make good the problem by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or getting comparable Product; (d) the payment of the cost of having the Goods repaired (Personal Training in The Vines ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, price lists and other marketing matter, are meant merely to give an indicator of the products explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up 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 wiped out or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Trainer in Tapping Western Australia.

If the Seller has actually followed a design or guidelines offered by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any violation of a patent, trademark, registered design, copyright or common law right. The Buyer on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Mullaloo Western Australia. Unless specified somewhere else it is the buyer's duty to obtain any permits and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this contract wherever and to the extent to which fulfilment of the same is avoided, disappointed or impeded as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or ruling made there under.

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