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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Purchaser 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 consists of an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Buyer's premises (or the premises of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to take possession of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items produced using the Goods are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice cost of the Item offered or utilized in the manufacture of the Product sold in a different identifiable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the fact that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose 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 Trainer in Ocean Reef .

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is only valid for defects or failure under correct usage and which arise entirely from defective style, products or craftsmanship.

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 provided in stipulation 35, all express and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its workers, servants or representatives to the Buyer concerning the Item, their use and application, are expressly left out.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, info or services supplied by the Seller or the Seller's agents or staff members.

34. If the Item are defective, the Seller will make excellent the problem by doing any one of the following at its choice: (a) fixing the Item; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or getting comparable Item; (d) the payment of the cost of having actually the Product fixed (Group Training in Singara ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (composed) 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 measurements consisted of in our catalogues, catalog and other marketing matter, are meant simply to offer a sign of the items explained therein and none of these shall form part of the contract unless particularly 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 impact might be attached and it needs to not be ruined wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Group Training in Edgewater .

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

Contracts and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or efficiency of any contract, and no duty will 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 guarantees whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Joondalup Western Australia. Unless defined in other places it is the buyer's duty to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser's account.

We shall be relieved of our liability or duty of efficiency of this contract anywhere and to the extent to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

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