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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 concurs that the concern of the Credit Note is an act of commercial good 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 Rate, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Cost if the error had not been made.

The Seller reserves the following rights in relation to the Product until 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 properties (or the facilities of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Item; 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 made using the Item are offered by the Purchaser, the Purchaser will hold such part of the earnings of any such sale as represents the invoice cost of the Product offered or utilized in the manufacture of the Goods sold in a different recognizable account as the advantageous home of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not impacted by the fact that the Goods end up being components connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the purpose of recovering ownership of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall WA.

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

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in clause 35, all express and suggested warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, suggestions, info or services provided by the Seller, its staff members, servants or representatives to the Purchaser relating to the Item, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller shall make excellent the flaw by doing any among the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Goods or getting equivalent Goods; (d) the payment of the expense of having the Goods repaired (Nutritionist in Warwick Western Australia).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, catalog and other marketing matter, are meant simply to give a sign of the items described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect might be affixed and it must not be defaced obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Group Training in Carramar Western Australia.

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

Contracts and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision 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 will be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Lansdale . Unless defined in other places it is the purchaser's duty to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or responsibility of performance of this agreement any place and to the degree to which fulfilment of the exact same is prevented, annoyed or impeded as an effect of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding modification statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been supplied and that will be provided in the future by FLEX FITNESS Devices to the Consumer.