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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 Buyer 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 Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after shipment of the Item, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price 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 fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's premises (or the premises of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the invoice price of the Goods offered or utilized in the manufacture of the Goods sold in a different recognizable account as the advantageous home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Item end up being fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the function of recovering ownership of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in henley Brook .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is just valid for problems or failure under appropriate use and which occur exclusively from defective design, materials 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. Except as supplied in stipulation 35, all reveal and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Purchaser concerning the Item, their use and application, are expressly left out.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial 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 representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller shall make great the flaw by doing any one of the following at its choice: (a) repairing the Item; or (b) replacing 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 responsible for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Goods; (d) the payment of the expense of having actually the Item repaired (Group Training in Wanneroo Western Australia).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually 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, details of weights and dimensions contained in our catalogues, rate lists and other advertising matter, are meant simply to give an indicator of the goods described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the items, an imprint to that effect may be attached and it should not be defaced wiped out or eliminated from the products. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Wanneroo .

If the Seller has followed a design or instructions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller occurring from any violation of a patent, trademark, registered style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in composing 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 will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in Edgewater . Unless defined in other places it is the purchaser's obligation to acquire any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer'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 same is avoided, frustrated or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding change statement, 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 Client acknowledges and concurs that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have actually formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.