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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 issue of the Credit Note is an act of industrial excellent 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 thinks about the Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer 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 been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Rate if the error had not been made.

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

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

30. The Seller's home in the Item is not impacted by the truth that the Goods end up being components attached to the premises of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Darch Western Australia.

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is only valid for defects or failure under appropriate use and which emerge exclusively from defective style, products or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its staff members, servants or agents to the Buyer relating to the Item, their usage and application, are specifically excluded.

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The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Item including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's agents or employees.

34. If the Goods are malfunctioning, the Seller shall make great the defect by doing any one of the following at its alternative: (a) repairing the Item; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable 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 limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Item or acquiring equivalent Goods; (d) the payment of the cost of having the Product repaired (Group Training in Warwick ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, price lists and other marketing matter, are planned simply to give an indicator of the goods explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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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 effect might be attached and it needs to not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Group Training in Edgewater .

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

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, 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 attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or indicated will form part of this agreement 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 contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Pearsall . Unless specified somewhere else it is the buyer's duty to acquire any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is prevented, annoyed or impeded as an effect 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 declaration, financing change declaration, security arrangement, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Item that have previously been provided which will be provided in the future by FLEX FITNESS Devices to the Client.