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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote includes an error, such a mistake of the Purchase Rate, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Purchaser. If the contract is cancelled after delivery of the Item, 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 Cost has actually been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the difference in between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake 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 completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's properties (or the premises of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Item; 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 utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Product offered in a different recognizable account as the helpful property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's property in the Item is not affected by the reality that the Item become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller gets in those properties for the function of reclaiming possession of the items, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in Lansdale .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the items, and is just valid for defects or failure under appropriate usage and which occur exclusively from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as provided in stipulation 35, all express and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are expressly excluded.

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The Seller will not be liable to the Buyer 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 including loss or damage occurring as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the suggestions, recommendations, info or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is liable for a breach of a condition or guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Item or acquiring comparable Product; (d) the payment of the cost of having the Product fixed (Personal Trainer in Hillarys ).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, price lists and other advertising matter, are planned simply to provide an indication of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the items, an imprint to that effect might be affixed and it needs to not be defaced wiped out or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Training in Hillarys .

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

Agreements and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in Joondalup . Unless specified somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract wherever and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a consequence 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 the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing 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 Product that have previously been provided and that will be provided in the future by FLEX FITNESS Devices to the Customer.