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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern 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 referring to the concern of the Credit Note.

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's facilities (or the properties of any associated Business or representative where the Item are located) 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 Goods are re-sold, or products made using the Item are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Goods offered in a different identifiable account as the beneficial property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item end up being components attached to the properties of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming possession of the goods, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Trainer in henley Brook Western Australia.

Our liability in respect of any flaw in, or failure of the goods 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 expense. Our warranty duration is 12 months from the date of approval of the goods, and is only legitimate for problems or failure under proper use and which arise exclusively from defective style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in clause 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) guidance, recommendations, details or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their use and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the advice, recommendations, details or services provided by the Seller or the Seller's agents or workers.

34. If the Product are faulty, the Seller shall make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Cost 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 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of replacing the Goods or acquiring comparable Item; (d) the payment of the expense of having the Product fixed (Personal Training in Warwick ).

36. The Buyer needs to not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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 dimensions consisted of in our catalogues, catalog and other advertising matter, are planned simply to give an indication of the products described therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it should not be ruined wiped out or removed from the items. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Lansdale .

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

Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any agreement, 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, warranties and warranties whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Warwick . Unless specified elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or obligation of efficiency of this agreement any place and to the extent to which fulfilment of the very same is avoided, frustrated or hindered as a consequence of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding declaration, financing modification declaration, security arrangement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.