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25. If the Seller concerns a Credit Note to the Buyer (whether on request by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of industrial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.
If the Seller thinks about the Quote contains an error, such a miscalculation of the Purchase Rate, 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 Purchaser will make the Product available for collection by the Seller when needed by the Seller.
If the Seller considers that the Purchase Rate has actually 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 rate that would have been the Purchase Price if the error had not been made.
The Seller reserves the following rights in relation to the Product until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Business or representative where the Goods lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.
If the Goods are re-sold, or items made utilizing the Product are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Goods offered or used in the manufacture of the Item offered in a separate identifiable account as the advantageous property of the Seller and shall pay such total up to the Seller upon request.
30. The Seller's home in the Item is not impacted by the reality that the Item become fixtures connected to the properties of the Purchaser or a third party, and if the Seller goes into those properties for the function of recovering possession of the goods, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Aveley .
Our liability in regard of any flaw 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 flaw or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the products, and is just valid for problems or failure under proper use and which occur entirely from malfunctioning design, materials or craftsmanship.
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. Except as supplied in clause 35, all express and indicated warranties, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, suggestions, information or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Item, their use and application, are expressly excluded.
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 arising out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, recommendations, details or services supplied by the Seller or the Seller's agents or staff members.
34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its option: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.
35. If the Seller is responsible for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or obtaining comparable Goods; (d) the payment of the expense of having actually the Goods repaired (Group Training in Ocean Reef ).
36. The Purchaser needs to not return any Item which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions contained in our brochures, price lists and other marketing matter, are meant merely to give an indication of the products explained therein and none of these will form part of the contract unless specifically concurred in composing.
38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that impact may be affixed and it must not be defaced wiped out or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Nutritionist in Mullaloo Western Australia.
If the Seller has actually followed a design or guidelines provided by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, expenses and expenses of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or guideline offered by it will not cause the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.
Agreements and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any contract, and no responsibility shall connect 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 will form part of this contract unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no provision for liquidated damages will form part of the agreement.
This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Lansdale . Unless specified in other places it is the purchaser's responsibility to obtain any licenses 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 obligation of performance of this contract anywhere and to the extent to which fulfilment of the same is avoided, frustrated or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.
45. 1 In this stipulation funding statement, funding change statement, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Client acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Goods that have previously been provided which will be provided in the future by FLEX FITNESS Devices to the Consumer.
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