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

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If the Seller thinks about the Quotation consists of a mistake, such a mistake of the Purchase Price, the Seller might at any time, including after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, on need, the distinction in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Goods; (b) to enter the Buyer's premises (or the properties of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to take ownership of the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Item are re-sold, or items made using the Product are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Item offered or used in the manufacture of the Goods offered in a separate identifiable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the fact that the Goods become fixtures connected to the facilities of the Buyer or a third party, and if the Seller enters those facilities for the purpose of recovering possession of the goods, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Edgewater .

Our liability in regard of any flaw in, or failure of the goods 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 warranty duration is 12 months from the date of approval of the products, and is just legitimate for defects or failure under proper usage and which arise exclusively from malfunctioning design, products or craftsmanship.

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 clause 35, all express and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Item for any function; or (b) design, assembly, installation, products or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Product, their usage and application, are specifically left out.

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The Seller will not be accountable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or getting equivalent Goods; (d) the payment of the expense of having the Goods fixed (Personal Trainer in Carramar ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, cost lists and other marketing matter, are meant simply to provide a sign of the items explained therein and none of these shall form part of the agreement unless specifically concurred in writing.

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38. Where our patents, signed up styles or copyright functions are embodied in the style of the products, an imprint to that result might be affixed and it must not be ruined wiped out or eliminated from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Pearsall .

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

Contracts and shipments might be suspended in the event 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 cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this agreement unless expressly stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in composing no provision 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 brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Wangara . Unless defined somewhere else it is the purchaser's responsibility to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this agreement wherever and to the degree to which fulfilment of the very same is avoided, disappointed or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding statement, financing modification declaration, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and develops a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.