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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser concurs that the concern of the Credit Note is an act of industrial 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 includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Product, cancel this contract without liability to the Purchaser. 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 thinks about that the Purchase Price has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Rate and the price 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 till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Goods; (b) to enter the Purchaser's premises (or the premises of any associated Business or agent where the Product are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products made utilizing the Item are sold by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Item sold in a different recognizable account as the helpful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Item become fixtures attached to the facilities of the Buyer or a third party, and if the Seller goes into those properties for the function of reclaiming belongings of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Training in Pearsall .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under appropriate use and which occur entirely from faulty design, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Item, their use and application, are specifically left out.

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The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item consisting of loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's representatives or employees.

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 Item; or (b) replacing the Item; or (c) taking the products 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 guarantee suggested by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the cost of replacing the Item or acquiring comparable Product; (d) the payment of the cost of having actually the Item repaired (Gym in Darch ).

36. The Purchaser should not return any Product 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, details of weights and dimensions included in our catalogues, cost lists and other advertising matter, are intended merely to provide a sign of the goods described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the goods, an imprint to that effect might be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Edgewater .

If the Seller has actually followed a style or instructions provided by the Purchaser, the Buyer shall indemnify the Seller versus all damages, charges, expenses and costs of the Seller arising from any violation of a patent, trademark, 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 shipments may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or performance of any contract, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or indicated will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing 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 - Personal Trainer in Brabham . Unless specified in other places it is the purchaser's responsibility to acquire any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We shall be relieved of our liability or obligation of performance of this agreement wherever and to the extent to which fulfilment of the exact same is avoided, disappointed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, financing modification statement, security contract, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms make up a security agreement for the functions of the PPSA and produces a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Consumer.