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

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Buyer will make the Goods readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Price and the rate that would have been the Purchase Cost if the mistake had 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 completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Goods are offered by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Goods sold or utilized in the manufacture of the Goods offered in a separate recognizable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the fact that the Goods end up being components connected to the properties of the Purchaser or a 3rd celebration, and if the Seller gets in those properties for the purpose of reclaiming ownership of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Carramar .

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for defects or failure under correct usage and which develop exclusively from defective style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer relating to the Item, their use and application, are specifically excluded.

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The Seller shall not be responsible to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, information or services supplied by the Seller or the Seller's agents or staff members.

34. If the Product are faulty, the Seller will make great the defect by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Goods; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the expense of changing the Product or getting equivalent Product; (d) the payment of the cost of having actually the Product fixed (Personal Trainer in Brabham ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our catalogues, price lists and other advertising matter, are intended merely to give an indication of the products explained therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact might be attached and it must not be ruined eliminated or removed from the items. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Training in The Vines .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or efficiency of any agreement, and no obligation will attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested will form part of this contract unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless expressly concurred by us in writing 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 shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Woodvale . Unless defined somewhere else it is the buyer's obligation to acquire any permits and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this agreement anywhere and to the level to which fulfilment of the same is avoided, annoyed or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding statement, funding modification statement, security arrangement, and security interest has actually the significance given 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 Item that have formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.