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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of commercial great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to the issue of the Credit Note.

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If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Product, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the error had actually not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Buyer's properties (or the premises of any associated Company or agent where the Product are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or products made using the Item are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Goods sold in a separate identifiable account as the advantageous home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's property in the Product is not affected by the fact that the Item become components attached to the properties of the Purchaser or a 3rd celebration, and if the Seller gets in those properties for the function of reclaiming possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Greenwood .

Our liability in regard of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the flaw or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under correct use and which occur solely from faulty 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 buyer. 32. Except as offered in stipulation 35, all express and implied warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, suggestions, info or services supplied by the Seller, its workers, servants or representatives to the Buyer regarding the Product, their usage and application, are expressly excluded.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, information or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller will make great the defect by doing any one of the following at its option: (a) fixing the Product; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the cost of changing the Product or obtaining equivalent Goods; (d) the payment of the cost of having actually the Item repaired (Gym in Greenwood ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has first given its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, rate lists and other advertising matter, are meant simply to give an indicator of the items 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, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact might be attached and it needs to not be defaced wiped out or gotten rid of from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the products. Personal Trainer in Joondalup .

If the Seller has followed a style or directions offered by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, trademark, registered design, 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, registered design, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or delaying the execution or performance of any contract, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether revealed or suggested will 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 concurred by us in composing no provision for liquidated damages shall 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 brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Pearsall Western Australia. Unless specified somewhere else it is the buyer's duty to acquire any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of efficiency of this contract anywhere and to the level to which fulfilment of the very same is avoided, frustrated or hindered as a consequence 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 statement, funding modification declaration, security agreement, and security interest has actually the meaning given to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and produces a security interest in all Item that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.