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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the issue of the Credit Note is an act of business good 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 thinks about the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Cost and the cost 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 Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Purchaser's properties (or the premises of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made using the Goods are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Item sold in a different recognizable account as the advantageous home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the truth that the Goods become components attached to the facilities of the Buyer or a 3rd celebration, and if the Seller gets in those premises for the purpose of recovering belongings of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Darch .

Our liability in respect of any flaw in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own cost. Our assurance period is 12 months from the date of acceptance of the goods, and is only legitimate for problems or failure under correct usage and which arise entirely from defective style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all reveal and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, recommendations, info or services supplied by the Seller, its workers, servants or representatives to the Purchaser concerning the Item, their use and application, are specifically 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 Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Item are faulty, the Seller shall make good the flaw by doing any one of the following at its choice: (a) fixing the Product; or (b) replacing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Product or obtaining equivalent Item; (d) the payment of the expense of having the Goods repaired (Personal Trainer in Padbury ).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially given 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 dimensions consisted of in our catalogues, catalog and other advertising matter, are intended merely to offer an indication of the products explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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

If the Seller has followed a design or directions provided by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or instruction provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether expressed or indicated will form part of this contract unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Darch . Unless specified somewhere else it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or duty of performance of this agreement anywhere and to the level to which fulfilment of the same is avoided, annoyed 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 provision financing statement, funding change statement, security arrangement, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms and conditions make up a security contract for the functions of the PPSA and produces a security interest in all Item that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.