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

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

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Rate if the error had actually 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 totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's premises (or the properties of any associated Company or representative where the Product are located) without liability for trespass or any resulting damage and to take belongings of the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or products manufactured using the Goods are offered by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Item offered in a separate identifiable account as the helpful residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Product become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises 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. Personal Trainer in Hillarys Western Australia.

Our liability in respect of any defect 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 defect or failure at our own cost. Our guarantee period is 12 months from the date of approval of the goods, and is only valid for flaws or failure under proper usage and which develop exclusively from defective style, 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. Except as provided in stipulation 35, all reveal and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, details or services supplied by the Seller, its workers, servants or representatives to the Purchaser relating to the Goods, 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 occurring out of or in relation to the Product consisting of 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 Product; or (c) the guidance, recommendations, info or services offered by the Seller or the Seller's representatives or workers.

34. If the Goods are malfunctioning, the Seller shall make excellent the problem by doing any among the following at its option: (a) fixing the Goods; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Rate if it has been Paid.

35. If the Seller is responsible for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the expense of changing the Product or acquiring comparable Product; (d) the payment of the expense of having the Product fixed (Personal Trainer in Wangara ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially 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, details of weights and dimensions contained in our brochures, rate lists and other marketing matter, are planned merely to give an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that result might be affixed and it must not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the items. Personal Trainer in Padbury .

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

Agreements and shipments may 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 occurrence or cause beyond our control avoiding or delaying the execution or performance 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, service warranties and guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless specifically agreed by us in composing no arrangement for liquidated damages will 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 proper jurisdiction in Australia. 43 - Gym in henley Brook . Unless specified elsewhere it is the purchaser's duty to obtain any permits and approvals. Where any costs are sustained to acquire such approvals these will be to the buyer's account.

We will be alleviated of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the exact same is avoided, frustrated or impeded as an effect 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 agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and agrees that these terms and conditions constitute 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 supplied in the future by FLEX FITNESS EQUIPMENT to the Customer.