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

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item 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 facilities (or the facilities of any associated Business or representative where the Product are situated) without liability for trespass or any resulting damage and to take ownership of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Item are offered by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or utilized in the manufacture of the Goods sold in a different recognizable account as the beneficial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the fact that the Goods end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those properties for the purpose of reclaiming 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 Padbury .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for defects or failure under appropriate use and which arise exclusively from defective style, materials 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 purchaser. 32. Other than as offered in stipulation 35, all express and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) style, assembly, installation, products or workmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, details or services supplied by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller shall make great the defect by doing any among the following at its choice: (a) repairing the Product; or (b) changing the Goods; or (c) taking the products 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 Area 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair work of the Item; (c) the payment of the cost of changing the Product or acquiring equivalent Goods; (d) the payment of the cost of having the Product repaired (Personal Trainer in Sorrento ).

36. The Buyer needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually initially given 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 dimensions consisted of in our catalogues, catalog and other advertising matter, are planned simply to provide a sign of the products explained therein and none of these shall form part of the contract unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that effect might 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 goods. Personal Trainer in Hillarys .

If the Seller has actually followed a style or directions provided by the Buyer, the Buyer will indemnify the Seller against all damages, charges, costs and costs of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not trigger the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees 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 writing and unless specifically concurred by us in writing no provision 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 will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Gnangara Western Australia. Unless specified in other places it is the buyer's obligation to get any permits and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing declaration, financing change statement, security agreement, and security interest has the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.