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25. If the Seller problems a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial good 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 miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Goods, the Buyer will make the Product offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Rate has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the rate that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the properties of any associated Company or agent where the Goods lie) 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 Item are re-sold, or products made utilizing the Goods are offered by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Item sold in a different identifiable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Item is not affected by the reality that the Item end up being components connected to the facilities of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Lansdale .

Our liability in regard of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only valid for flaws or failure under appropriate usage and which emerge exclusively from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as offered in clause 35, all express and suggested warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) advice, suggestions, info or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Product, their use and application, are specifically excluded.

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

34. If the Goods are malfunctioning, the Seller will make great the defect by doing any one of the following at its alternative: (a) fixing the Item; or (b) replacing the Goods; 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 responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or getting comparable Goods; (d) the payment of the cost of having the Item fixed (Nutritionist in Woodvale ).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, cost lists and other marketing matter, are intended merely to offer an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that impact might be affixed and it should not be ruined eliminated or eliminated from the items. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods. Nutritionist in henley Brook .

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

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger 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 hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed 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 provision for liquidated damages will form part of the contract.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Padbury Western Australia. Unless specified elsewhere it is the purchaser's responsibility to obtain any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eliminated of our liability or obligation of performance of this agreement anywhere and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a consequence of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

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