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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser 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 Rate, the Seller might at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Price and the rate 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 until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's premises (or the facilities of any associated Company or representative where the Item lie) 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 Product are re-sold, or products manufactured using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the earnings of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Item offered in a separate recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Product end up being fixtures attached to the properties of the Buyer or a third celebration, and if the Seller goes into those properties for the purpose of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Padbury WA.

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is only valid for defects or failure under proper use and which occur solely from malfunctioning design, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as offered in clause 35, all reveal and suggested guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, details or services offered by the Seller, its workers, servants or representatives to the Purchaser concerning the Goods, their usage and application, are specifically excluded.

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The Seller will not be responsible to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or acquiring comparable Product; (d) the payment of the cost of having the Item fixed (Personal Trainer in Lansdale ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are meant merely to give an indication of the products explained therein and none of these will form part of the contract unless particularly agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the products, an imprint to that result might be attached and it should not be ruined obliterated or removed from the products. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the goods. Nutritionist in Aveley .

If the Seller has followed a design or instructions given by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, costs and costs of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or common law right. The Purchaser 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 common law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty will connect 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 assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed 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 brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Lansdale . Unless defined in other places it is the buyer's obligation to obtain any permits and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or duty of efficiency of this contract anywhere and to the degree to which fulfilment of the very same is avoided, disappointed or impeded as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.