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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs 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 relating to the problem of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Goods readily available 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, as needed, the difference 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 following rights in relation to the Goods 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 facilities (or the premises of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Goods are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Product offered in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Product become components attached to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Darch .

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the defect or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for problems or failure under correct usage and which arise entirely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in stipulation 35, all reveal and indicated service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, information or services supplied by the Seller, its workers, servants or agents to the Purchaser relating to the Product, their usage and application, are expressly left out.

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The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the advice, recommendations, info or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Product or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the cost of replacing the Goods or getting comparable Item; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Pearsall ).

36. The Buyer needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars 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 shall form part of the contract unless particularly agreed in composing.

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38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that impact might be affixed and it must not be defaced obliterated or eliminated from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Wangara .

If the Seller has followed a style or instructions given by the Buyer, the Buyer shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller arising from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control preventing or delaying the execution or performance of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or suggested will form part of this agreement unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in writing no arrangement for liquidated damages shall form part of the agreement.

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This agreement 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 The Vines . Unless specified elsewhere it is the purchaser's duty to get any permits and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or duty of performance of this agreement any place and to the degree to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, rule, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, financing change declaration, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Product that have formerly been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.