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

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after shipment of the Product, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and chooses not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Price and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Product up until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's properties (or the facilities of any associated Company or agent where the Product lie) 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 Product are re-sold, or products manufactured using the Item are offered by the Buyer, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the Item offered or utilized 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 amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Goods end up being fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the items, 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 respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under correct usage and which arise entirely from defective style, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in clause 35, all reveal and implied service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use and application, are specifically excluded.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the suggestions, recommendations, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Goods are defective, the Seller shall make great the flaw by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has 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 Product or supply of comparable Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Item or obtaining comparable Product; (d) the payment of the cost of having the Item repaired (Group Training in Warwick Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first given 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 measurements consisted of in our brochures, cost lists and other advertising matter, are meant merely to offer an indication of the goods explained therein and none of these shall form part of the agreement unless particularly agreed in writing.

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38. Where our patents, registered designs or copyright functions are embodied in the design of the products, an imprint to that impact may be affixed and it must not be defaced obliterated or removed from the items. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Personal Training in Lansdale .

If the Seller has followed a design or instructions provided by the Buyer, the Purchaser shall indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller emerging from any violation of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any design or instruction offered by it will not cause the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, warranties and warranties whatsoever on our part whether revealed or implied shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly concurred by us in composing no arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Group Training in Wangara Western Australia. Unless specified somewhere else it is the buyer's duty to acquire any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of efficiency of this contract any place and to the degree to which fulfilment of the same is prevented, disappointed or impeded as a repercussion of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision 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 composing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and produces a security interest in all Item that have actually formerly been supplied and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.