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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 agrees that the issue of the Credit Note is an act of commercial good 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 Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Cost and the cost that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Product till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the facilities of any associated Company or agent where the Product are situated) 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 Item are re-sold, or products made using the Item are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing price of the Product sold or utilized in the manufacture of the Item offered in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Item end up being fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of recovering ownership of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Pearsall .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the goods, and is just legitimate for problems or failure under appropriate use and which emerge entirely from faulty style, materials or workmanship.

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 provided in clause 35, all reveal and implied service warranties, guarantees and conditions under statute or general 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) guidance, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Product, their usage and application, are expressly left out.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller shall make good the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the products back and crediting the Purchaser 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 Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or getting comparable Product; (d) the payment of the expense of having the Item repaired (Nutritionist in The Vines ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our catalogues, catalog and other marketing matter, are planned merely to offer a sign of the goods explained therein and none of these will form part of the contract unless specifically agreed in composing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that impact may be attached and it should not be ruined wiped out or removed from the items. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Personal Trainer in henley Brook .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility 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 assurances whatsoever on our part whether revealed 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 composing and unless specifically concurred by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Gym in Lansdale . Unless defined somewhere else it is the purchaser's duty to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this contract any place and to the extent to which fulfilment of the same is prevented, frustrated or hindered as a repercussion of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation funding statement, funding change statement, security arrangement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these terms constitute a security arrangement for the functions of the PPSA and produces a security interest in all Product that have actually previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Customer.