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25. If the Seller problems a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem 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 concern of the Credit Note.

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, 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 needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the premises of any associated Company or agent where the Product lie) 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 Item are re-sold, or products produced utilizing the Product 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 Product sold or utilized in the manufacture of the Item sold in a different recognizable account as the beneficial property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the fact that the Goods end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of reclaiming possession of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Warwick .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the goods, and is just valid for problems or failure under proper use and which develop exclusively from faulty design, products 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. Other than as provided in stipulation 35, all express and implied service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Goods, their use and application, are specifically left out.

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The Seller shall not be liable 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 Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's representatives or employee's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, suggestions, details or services offered by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller shall make great the problem by doing any one of the following at its option: (a) fixing the Product; or (b) changing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Item or acquiring comparable Goods; (d) the payment of the cost of having the Item repaired (Personal Trainer in Brabham ).

36. The Buyer needs to 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 must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, catalog and other marketing matter, are intended simply to provide an indicator of the items 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, signed up designs or copyright functions are embodied in the design of the goods, an imprint to that effect may be affixed and it should not be ruined obliterated or eliminated from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Group Training in Mullaloo .

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

Agreements and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether revealed 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 expressly agreed by us in composing no provision for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in The Vines . Unless specified elsewhere it is the purchaser's obligation to acquire any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this stipulation financing statement, financing change statement, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually formerly been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.