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25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial 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 Quotation includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Goods, the Buyer will make the Item readily available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Rate and the rate that would have been the Purchase Rate if the mistake had not been made.

The Seller reserves the following rights in relation to the Goods till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Item; (b) to go into the Purchaser's facilities (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 possession of the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Goods are re-sold, or items made utilizing the Product are offered by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice rate of the Goods offered or utilized in the manufacture of the Goods offered in a separate identifiable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon demand.

30. The Seller's property in the Goods is not impacted by the fact that the Goods become fixtures connected to the facilities of the Purchaser or a third party, and if the Seller enters those premises for the function of recovering ownership of the items, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Group Training in Wangara .

Our liability in respect of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our assurance period is 12 months from the date of approval of the goods, and is only legitimate for defects or failure under proper usage and which emerge exclusively from faulty design, products 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 purchaser. 32. Other than as provided in clause 35, all express and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any function; or (b) style, assembly, installation, products or craftsmanship; or (c) advice, suggestions, details or services supplied by the Seller, its workers, servants or agents to the Buyer regarding the Item, their use and application, are expressly excluded.

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The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Item consisting of loss or damage arising as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, 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 excellent the defect by doing any one of the following at its option: (a) repairing the Goods; or (b) changing the Item; or (c) taking the items back and crediting the Buyer with the Purchase Rate if it has actually 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 Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the expense of changing the Goods or obtaining comparable Product; (d) the payment of the expense of having the Goods repaired (Group Training in Greenwood ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first offered 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 contained in our brochures, rate lists and other marketing matter, are meant merely to give a sign of the items explained therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the design of the products, an imprint to that result may be affixed and it needs to not be ruined wiped out or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Personal Trainer in Warwick .

If the Seller has actually followed a style or directions given by the Purchaser, the Buyer will indemnify the Seller against all damages, charges, costs and expenditures of the Seller arising from any violation of a patent, trademark, signed up design, copyright or common law right. The Buyer on its part warrants that any design or guideline given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing 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 revealed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Tapping Western Australia. Unless defined somewhere else it is the purchaser's obligation to get any permits and approvals. Where any expenses are sustained to obtain such approvals these will be to the purchaser's account.

We shall be eliminated of our liability or obligation of efficiency of this agreement any place and to the degree to which fulfilment of the exact same is prevented, frustrated or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding change declaration, security agreement, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these terms make up a security contract for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS Devices to the Consumer.