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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Purchaser, 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 referring to the concern of the Credit Note.

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

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the properties of any associated Company or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Item are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Product sold in a different recognizable account as the useful home of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the truth that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the function of recovering ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in The Vines .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the products, and is just valid for problems or failure under proper usage and which occur entirely from defective style, 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. Except as supplied in provision 35, all reveal and indicated guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, details or services offered by the Seller, its staff members, servants or agents to the Buyer relating to the Goods, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or getting equivalent Item; (d) the payment of the cost of having the Item repaired (Group Training in Aveley ).

36. The Purchaser needs to not return any Goods which the Purchaser 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 must 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 intended simply to give a sign of the items described therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it must not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Personal Training in Aveley .

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and costs of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical 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, signed up 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, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Aveley . Unless specified somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of efficiency of this agreement anywhere and to the level to which fulfilment of the exact same is prevented, disappointed or impeded as an effect of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing declaration, funding modification declaration, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually formerly been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.