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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 agrees that the concern of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the issue of the Credit Note.

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If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Price, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Product, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Price and the cost that would have been the Purchase Price if the mistake had actually not been made.

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

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If the Item are re-sold, or items produced utilizing the Item are sold by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Product offered in a separate recognizable account as the advantageous property of the Seller and will pay such quantity to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Product become fixtures attached to the properties of the Buyer or a 3rd party, and if the Seller gets in those premises for the function of recovering ownership of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Trainer in Gnangara .

Our liability in respect of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the problem or failure at our own expense. Our guarantee duration is 12 months from the date of acceptance of the items, and is just valid for defects or failure under correct usage and which arise exclusively from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Except as supplied in clause 35, all express and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) guidance, recommendations, info or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Product, their usage and application, are expressly omitted.

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The Seller will not be liable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Item including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, recommendations, info or services provided by the Seller or the Seller's representatives or employees.

34. If the Item are malfunctioning, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Item; or (b) replacing the Product; or (c) taking the products back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Product; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Goods repaired (Personal Training in Darch ).

36. The Buyer should not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first provided 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 consisted of in our brochures, cost lists and other advertising matter, are meant merely to provide an indicator of the products described therein and none of these shall form part of the contract unless specifically agreed in composing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the goods, an imprint to that impact might be affixed and it should not be ruined obliterated or removed from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the goods. Personal Training in Warwick .

If the Seller has actually followed a design or directions given by the Buyer, the Purchaser will indemnify the Seller against all damages, penalties, costs and expenses of the Seller occurring from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in the event of any strike, lock out, trade dispute, 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 postponing the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, guarantees and guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless specifically set forth in these in these conditions of sale or otherwise agreed by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages shall form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in Tapping Western Australia. Unless defined elsewhere it is the buyer's obligation to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the purchaser's account.

We will be relieved of our liability or obligation of efficiency of this contract anywhere and to the extent to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing declaration, funding change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms make up a security contract for the purposes of the PPSA and develops a security interest in all Product that have actually previously been supplied which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.