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

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

If the Seller thinks about that the Purchase Cost has been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Price and the price that would have been the Purchase Price if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Product till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's facilities (or the premises of any associated Business or agent where the Product are located) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Goods are offered by the Purchaser, the Buyer shall hold such part of the proceeds of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Goods sold in a separate recognizable account as the helpful property of the Seller and will 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 Item end up being components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those facilities for the purpose of reclaiming ownership of the items, and incurs any liability to any individual in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Ocean Reef .

Our liability in respect of any flaw in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our assurance duration is 12 months from the date of acceptance of the items, and is only valid for problems or failure under proper usage and which develop exclusively from malfunctioning design, products or workmanship.

Without limiting 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 offered in stipulation 35, all express and implied service warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, installation, products or workmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its workers, servants or agents to the Purchaser regarding the Product, their use and application, are expressly omitted.

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The Seller shall not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Product are defective, the Seller shall make great the problem by doing any one of the following at its alternative: (a) fixing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or getting equivalent Goods; (d) the payment of the cost of having actually the Goods fixed (Personal Training in Pearsall ).

36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are meant simply to give a sign of the goods described therein and none of these will form part of the agreement unless specifically concurred in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact might be attached and it should not be defaced wiped out or removed from the products. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the items. Gym in Woodvale .

If the Seller has actually followed a style or instructions given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenditures of the Seller arising from any violation of a patent, trademark, signed up style, copyright or common law right. The Buyer on its part warrants that any style or guideline given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing 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 shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Marangaroo . Unless specified elsewhere it is the buyer's duty to acquire any permits and approvals. Where any costs are sustained to obtain such approvals these will be to the purchaser's account.

We will be relieved of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the very same is prevented, frustrated or prevented as an effect of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this clause funding declaration, financing modification statement, security agreement, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and develops a security interest in all Item that have actually previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.