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25. If the Seller issues a Credit Note to the Buyer (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 commercial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Price, 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 delivery of the Item, the Buyer will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the premises of any associated Company or representative where the Product lie) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products manufactured utilizing the Product are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Item sold or used in the manufacture of the Item offered in a separate recognizable account as the useful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Item become components attached to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of recovering belongings of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Tapping Western Australia.

Our liability in regard of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under correct usage and which emerge solely from defective design, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and implied service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, information or services offered by the Seller, its staff members, servants or representatives to the Buyer relating to the Goods, their use and application, are expressly left out.

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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 developing out of or in relation to the Item consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are defective, the Seller will make excellent the flaw by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or acquiring comparable Product; (d) the payment of the expense of having actually the Goods repaired (Group Training in henley Brook ).

36. The Buyer should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) 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 measurements included in our catalogues, cost lists and other advertising matter, are planned merely to provide a sign of the items explained therein and none of these shall form part of the contract unless particularly concurred 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 may be attached and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Greenwood .

If the Seller has followed a style or directions given by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and costs of the Seller arising 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 guideline given by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether revealed or suggested 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 agreed by us in composing no provision 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 - Personal Trainer in The Vines . Unless specified elsewhere it is the buyer's responsibility to acquire any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or duty of efficiency of this contract anywhere and to the level to which fulfilment of the very same is prevented, frustrated or prevented as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, funding change declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Goods that have actually formerly been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.