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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 Purchaser agrees that the problem of the Credit Note is an act of industrial excellent 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 considers the Quotation contains an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Product, the Purchaser will make the Goods readily available for collection by the Seller when needed 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, on need, the distinction in between the Purchase Cost 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 Goods till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the facilities of any associated Business or representative where the Item are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items made utilizing the Goods are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the useful property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Product 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 goes into those premises for the function of recovering ownership of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Woodvale Western Australia.

Our liability in regard of any flaw in, or failure of the products supplied, 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 expense. Our warranty duration is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under appropriate usage and which arise solely from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all reveal and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) advice, suggestions, information or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Product, their use and application, are specifically 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 Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are faulty, the Seller will make great the flaw by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Goods or obtaining equivalent Product; (d) the payment of the expense of having the Goods repaired (Personal Training in Ocean Reef WA).

36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially 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 measurements included in our brochures, catalog and other advertising matter, are meant simply to provide a sign of the products described therein and none of these shall form part of the agreement unless specifically concurred in composing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the items, an imprint to that impact may be affixed and it must not be defaced wiped out or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Group Training in Aveley .

If the Seller has followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, expenses and costs of the Seller emerging from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or postponing the execution or performance of any contract, and no obligation shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated shall form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise agreed 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 agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Ocean Reef . Unless specified elsewhere it is the purchaser's obligation to acquire any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or obligation of performance of this contract wherever and to the level to which fulfilment of the exact same is prevented, disappointed or prevented as an effect of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, funding modification statement, security contract, and security interest has the meaning provided 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 produces a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.