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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the problem of the Credit Note.

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If the Seller thinks about the Quote includes an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has actually been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost that would have been the Purchase Rate 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 Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the facilities of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Item are re-sold, or products made utilizing the Goods are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or utilized in the manufacture of the Product offered in a different recognizable 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 home in the Product is not affected by the reality that the Goods end up being components attached to the properties of the Purchaser or a third party, and if the Seller enters those properties for the function of recovering possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Greenwood .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is just valid for defects or failure under appropriate use and which arise entirely from faulty design, products or craftsmanship.

Without limiting the generality of the forgoing, we will 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 service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its workers, servants or representatives to the Purchaser concerning the Item, their use and application, are specifically omitted.

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The Seller shall not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Product or getting equivalent Product; (d) the payment of the expense of having the Product fixed (Personal Trainer in Darch Western Australia).

36. The Purchaser should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has 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, details of weights and dimensions consisted of in our catalogues, price lists and other advertising matter, are meant simply to give an indication of the items explained therein and none of these will 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 goods, an imprint to that impact may be affixed and it should not be defaced wiped out or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Personal Trainer in Warwick .

If the Seller has followed a style or directions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller arising from any infringement of a patent, trademark, signed up design, copyright or typical law right. The Purchaser on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no duty 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 stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically concurred by us in composing no provision for liquidated damages shall form part of the contract.

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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 Carramar . Unless defined somewhere else it is the purchaser's duty to obtain any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, annoyed or impeded as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision 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 conditions in composing the Consumer acknowledges and agrees that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.