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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of industrial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the problem of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the price that would have been the Purchase Price if the error had actually not been made.

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

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If the Item are re-sold, or items made utilizing the Item are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice rate of the Product sold or used in the manufacture of the Product offered in a different identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not affected by the truth that the Item become fixtures connected to the facilities of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the purpose of reclaiming belongings of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Lansdale Western Australia.

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the flaw or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the items, and is just legitimate for defects or failure under proper use and which develop entirely from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Except as offered in clause 35, all express and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) advice, recommendations, information or services supplied by the Seller, its staff members, servants or agents to the Buyer concerning the Product, their use and application, are expressly excluded.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's representatives or staff members.

34. If the Item are faulty, the Seller shall make great the problem by doing any among the following at its alternative: (a) fixing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Division 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 Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Product or getting equivalent Product; (d) the payment of the cost of having the Product fixed (Group Training in Edgewater Western Australia).

36. The Purchaser must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided 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 contained in our brochures, rate lists and other advertising matter, are meant simply to offer an indicator of the items 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 styles or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it should not be defaced eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Group Training in Warwick Western Australia.

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

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event 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 passing up causes.

No conditions, terms, covenants, service warranties and guarantees whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision 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 will be generated the Court of proper jurisdiction in Australia. 43 - Group Training in Tapping . Unless specified somewhere else it is the buyer's obligation to obtain any authorizations 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 responsibility of performance of this contract wherever and to the extent to which fulfilment of the exact same is prevented, frustrated or prevented as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding statement, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms and conditions constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Goods that have formerly been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Client.