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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs that the concern of the Credit Note is an act of commercial 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 thinks about the Quotation contains an error, such a mistake of the Purchase Price, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Cost and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to go into the Buyer's facilities (or the premises of any associated Company or representative where the Product are situated) 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 Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Product sold or used in the manufacture of the Goods sold in a separate identifiable account as the advantageous home of the Seller and will pay such total up 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 become components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of reclaiming ownership of the items, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Warwick .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for flaws or failure under appropriate use and which arise solely from defective design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as supplied in stipulation 35, all express and suggested guarantees, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their usage and application, are expressly omitted.

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The Seller will not be responsible 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 Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (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 agents or workers.

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

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or obtaining equivalent Product; (d) the payment of the cost of having actually the Product repaired (Personal Trainer in Woodvale ).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote 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, details of weights and measurements consisted of in our catalogues, cost lists and other marketing matter, are planned merely to offer an indication of the products described therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the products, an imprint to that result may be affixed and it should not be defaced eliminated or eliminated from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the products. Nutritionist in Warwick .

If the Seller has followed a style or guidelines given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller occurring from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any design or instruction provided by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, 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 delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in henley Brook WA. Unless defined in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of efficiency of this contract wherever and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification statement, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms make up a security agreement for the purposes of the PPSA and produces a security interest in all Goods that have actually formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.