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25. If the Seller problems a Credit Note to the Buyer (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 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 Quotation includes a mistake, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the rate that would have been the Purchase Rate if the error had not been made.

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

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If the Item are re-sold, or products made using the Item are sold by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the invoice cost of the Item offered or used in the manufacture of the Product sold in a different recognizable account as the useful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's home in the Product is not affected by the fact that the Product become components connected to the facilities of the Purchaser or a 3rd party, and if the Seller goes into those properties for the purpose of reclaiming belongings of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Ocean Reef .

Our liability in respect of any problem in, or failure of the products supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is just valid for problems or failure under correct use and which emerge exclusively from faulty design, products or craftsmanship.

Without restricting 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 provided in stipulation 35, all reveal and indicated service warranties, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) recommendations, recommendations, info or services provided by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their use and application, are specifically omitted.

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The Seller will not be accountable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or worker's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the advice, recommendations, info or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make excellent the problem by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or acquiring equivalent Product; (d) the payment of the expense of having the Item fixed (Nutritionist in The Vines ).

36. The Purchaser must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually initially given its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, rate lists and other marketing matter, are planned merely to provide a sign of the goods described therein and none of these shall form part of the contract unless specifically concurred in composing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect may be attached and it must not be ruined eliminated or eliminated from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Group Training in Tapping .

If the Seller has actually followed a design or instructions given by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, expenses 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 direction offered by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed 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 generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Warwick . Unless specified elsewhere it is the buyer's responsibility to obtain any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the exact same is avoided, disappointed or impeded as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision funding statement, funding change statement, security agreement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms constitute a security arrangement for the purposes of the PPSA and produces a security interest in all Item that have actually formerly been supplied which will be provided in the future by FLEX FITNESS Devices to the Client.