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

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If the Seller considers the Quote contains an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

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

The Seller reserves the following rights in relation to the Item till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's properties (or the facilities of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Product; 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 produced utilizing the Item are sold by the Buyer, the Purchaser will hold such part of the earnings of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Product sold in a separate 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 residential or commercial property in the Item is not impacted by the reality that the Item become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those facilities for the purpose of reclaiming possession of the products, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Marangaroo Western Australia.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making excellent the problem or failure at our own expense. Our guarantee duration is 12 months from the date of approval of the products, and is just valid for problems or failure under correct use and which develop solely from defective design, materials or workmanship.

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. Other than as supplied in clause 35, all express and suggested warranties, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) guidance, suggestions, details or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Item, their use and application, are specifically left out.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing 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 representatives or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, details or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Product are malfunctioning, the Seller will make excellent the defect by doing any among the following at its choice: (a) repairing the Product; or (b) replacing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Product, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Product or getting equivalent Item; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Wanneroo ).

36. The Purchaser must not return any Item which the Buyer claims are not in accordance with the contact or Quote 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 measurements included in our catalogues, cost lists and other advertising matter, are meant merely to provide a sign of the products 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 styles or copyright functions are embodied in the style of the products, an imprint to that impact may be affixed and it needs to not be ruined obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Warwick .

If the Seller has actually followed a style or instructions offered by the Purchaser, the Purchaser will indemnify the Seller versus all damages, charges, costs and expenditures of the Seller occurring from any infringement of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or direction provided by it will not trigger the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Agreements and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or performance of any contract, and no obligation will attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or suggested shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise concurred by us in composing and unless specifically concurred by us in writing no provision for liquidated damages shall form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Personal Trainer in The Vines . Unless defined somewhere else it is the purchaser's obligation to get any authorizations and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We shall be eased of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the same is prevented, frustrated or prevented as an effect of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this clause funding declaration, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Customer acknowledges and concurs that these terms make up a security arrangement for the functions of the PPSA and produces a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.