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25. If the Seller problems a Credit Note to the Purchaser (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 business good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the concern of the Credit Note.
If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, consisting of after shipment of the Item, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, 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 actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.
The Seller reserves the following rights in relation to the Goods up until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's facilities (or the facilities of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to take possession of the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.
If the Product are re-sold, or items manufactured using the Product are offered by the Purchaser, the Purchaser will hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Product offered in a separate identifiable account as the advantageous residential or commercial property of the Seller and will pay such quantity to the Seller upon request.
30. The Seller's residential or commercial property in the Goods is not affected by the truth that the Goods become components connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Woodvale .
Our liability in respect of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is just valid for problems or failure under appropriate usage and which occur solely from faulty design, materials or workmanship.
Without restricting 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 provided in provision 35, all reveal and implied guarantees, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) guidance, suggestions, info or services offered by the Seller, its workers, servants or agents to the Purchaser regarding the Item, their use and application, are specifically left out.
The Seller shall not be responsible to the Buyer for physical or financial 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 developing as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's representatives or staff members.
34. If the Goods are defective, the Seller will make great the problem by doing any among the following at its option: (a) fixing the Product; or (b) replacing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Price if it has been Paid.
35. If the Seller is liable for a breach of a condition or warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Product or obtaining equivalent Goods; (d) the payment of the expense of having the Product fixed (Group Training in Aveley ).
36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, catalog and other marketing matter, are meant merely to offer a sign of the goods described therein and none of these will form part of the contract unless specifically agreed in writing.
38. Where our patents, registered designs or copyright functions are embodied in the design of the goods, an imprint to that effect might be affixed and it should not be ruined obliterated or gotten rid of from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Personal Training in Greenwood Western Australia.
If the Seller has followed a design or instructions provided by the Buyer, the Buyer will indemnify the Seller against all damages, penalties, expenses and expenses of the Seller emerging from any infringement of a patent, trademark, signed up style, copyright or common law right. The Purchaser on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or common law right.
Agreements and shipments 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 incident or trigger beyond our control avoiding or delaying the execution or performance of any agreement, and no duty will 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 revealed or indicated will form part of this agreement unless specifically set forth in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in writing no provision for liquidated damages will form part of the contract.
This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Gnangara Western Australia. Unless specified elsewhere it is the purchaser's responsibility to get any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.
We shall be eliminated of our liability or obligation of performance of this contract any place and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a repercussion of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.
45. 1 In this provision financing statement, financing modification declaration, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.
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