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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees 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 Buyer 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 Quotation 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 Purchaser. If the agreement is cancelled after shipment 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 Price has been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost 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 Item up until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's properties (or the facilities of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to take ownership of the Goods; 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 made utilizing the Item are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Item offered in a different recognizable account as the helpful home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Item is not impacted by the reality that the Item become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in Pearsall .

Our liability in regard of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for defects or failure under correct usage and which occur solely from defective design, products 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 supplied in provision 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, recommendations, info or services supplied by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their use and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, info or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are faulty, the Seller shall make good the problem by doing any among the following at its choice: (a) repairing the Product; or (b) replacing the Goods; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring equivalent Product; (d) the payment of the cost of having actually the Goods fixed (Nutritionist in Padbury Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quotation 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 dimensions included in our brochures, price lists and other marketing matter, are intended simply to provide an indicator of the products 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, registered designs or copyright functions are embodied in the design of the goods, an imprint to that result might be affixed and it should not be ruined wiped out or removed from the products. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Group Training in Edgewater .

If the Seller has actually followed a style or directions provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

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

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or indicated shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred 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 litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Ocean Reef . Unless specified somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be relieved of our liability or responsibility of performance of this contract wherever and to the level to which fulfilment of the exact same is avoided, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing modification statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Consumer.