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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern 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 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 Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after shipment of the Product, the Buyer will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the difference in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had actually not been made.

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

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If the Goods are re-sold, or items produced using the Goods are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice rate of the Goods sold or used in the manufacture of the Goods offered in a separate recognizable account as the advantageous residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's home in the Item is not affected by the truth that the Goods end up being components connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Darch .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the products, and is only valid for problems or failure under proper usage and which arise solely from defective style, products 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 buyer. 32. Other than as provided in stipulation 35, all reveal and suggested 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) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Item, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are defective, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring equivalent Item; (d) the payment of the cost of having the Item repaired (Nutritionist in Sorrento Western Australia).

36. The Buyer must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our brochures, catalog and other marketing matter, are planned merely to give a sign of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that effect may be attached and it needs to not be ruined eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the goods. Personal Training in Darch .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disturbance, 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 responsibility shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed 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 writing and unless expressly concurred by us in composing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Wangara . Unless specified somewhere else it is the purchaser's responsibility to obtain any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or duty of performance of this agreement wherever and to the degree to which fulfilment of the same is avoided, disappointed or hindered as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, financing modification statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.