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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Buyer will make the Item offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's properties (or the premises of any associated Business or agent where the Item are located) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured using the Item are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Item offered in a separate identifiable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's property in the Product is not impacted by the fact that the Goods become components connected to the premises of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the purpose of reclaiming possession of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Ocean Reef .

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the flaw or failure at our own expense. Our assurance duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under proper use and which arise solely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as offered in provision 35, all reveal and suggested service warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, products or workmanship; or (c) advice, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, information or services offered by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller shall make good the defect by doing any one of the following at its alternative: (a) repairing the Product; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or obtaining equivalent Item; (d) the payment of the cost of having the Item repaired (Group Training in Wanneroo ).

36. The Purchaser must not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other marketing matter, are meant simply to provide a sign of the items described therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that effect might be affixed and it should not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Personal Training in Warwick .

If the Seller has followed a design or instructions offered by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, expenses and costs of the Seller occurring from any infringement of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any agreement, and no duty will attach to us for any default, loss, damage or delay due to any of the passing up causes.

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

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This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless specified in other places it is the buyer's obligation to get any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the same is prevented, annoyed or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, funding change declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.