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25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the concern of the Credit Note is an act of industrial great 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 Quotation 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 Buyer. If the agreement is cancelled after delivery of the Goods, 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 chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the rate that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to get in the Buyer's premises (or the premises of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to seize 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 products manufactured using the Item are sold by the Buyer, the Purchaser shall hold such part of the earnings of any such sale as represents the billing rate of the Goods offered or utilized in the manufacture of the Item offered in a different identifiable account as the advantageous residential or commercial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the function of recovering possession of the products, and incurs any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in henley Brook Western Australia.

Our liability in regard of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own expense. Our warranty period is 12 months from the date of approval of the goods, and is only legitimate for flaws or failure under correct use and which arise solely from malfunctioning 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 purchaser. 32. Except as offered in stipulation 35, all express and indicated guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, details or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their usage and application, are specifically omitted.

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The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or employees.

34. If the Product are faulty, the Seller will make good the defect by doing any among the following at its alternative: (a) fixing the Item; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee suggested 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 equivalent Goods, or (b) the repair of the Product; (c) the payment of the cost of changing the Goods or obtaining equivalent Item; (d) the payment of the expense of having the Item fixed (Gym in Aveley ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements contained in our catalogues, catalog and other marketing matter, are intended merely to give an indication of the goods described therein and none of these will form part of the contract unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that impact may be attached and it should not be defaced eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Group Training in The Vines .

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

Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying 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 forgoing causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or implied shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement 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 brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Warwick . Unless specified in other places it is the purchaser's duty to acquire any permits and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or duty of efficiency of this agreement wherever and to the degree to which fulfilment of the exact same is prevented, frustrated or impeded as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause financing declaration, financing change 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 Consumer acknowledges and concurs that these terms and conditions make up a security contract for the purposes of the PPSA and develops a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.