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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business excellent faith by the Seller and not an admission of liability to the Buyer 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 consists of an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been overlooked and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference in between the Purchase Price and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's properties (or the facilities of any associated Company or agent where the Item are situated) without liability for trespass or any resulting damage and to acquire the Item; 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 Item are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Product sold or used in the manufacture of the Item sold in a different recognizable account as the advantageous property of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Item end up being fixtures attached to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those premises for the purpose of recovering possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Brabham .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the flaw or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the goods, and is just valid for flaws or failure under correct usage and which occur solely from faulty design, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and implied guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) suggestions, recommendations, information or services provided by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Goods are malfunctioning, the Seller will make good the defect by doing any one of the following at its choice: (a) repairing the Product; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

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

36. The Buyer 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 needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, price lists and other marketing matter, are planned merely to provide an indication of the items described therein and none of these shall form part of the contract 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 products, an imprint to that result may be affixed and it should not be ruined obliterated or eliminated from the goods. Unless otherwise agreed we shall be entitled to write or attach our name or trade plate on the goods. Personal Training in henley Brook .

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

Contracts and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied shall 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 specifically agreed by us in writing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Group Training in Pearsall WA. Unless defined somewhere else it is the buyer's obligation to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

We will be relieved of our liability or responsibility of efficiency of this agreement wherever and to the degree to which fulfilment of the exact same is avoided, annoyed or prevented as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, funding modification declaration, 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 agrees that these conditions make up a security contract for the functions of the PPSA and develops a security interest in all Product that have actually previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.