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

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If the Seller thinks about the Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Rate and the cost 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 till all accounts owed by the Purchaser to the Seller are completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's facilities (or the premises of any associated Business or representative where the Item are located) without liability for trespass or any resulting damage and to acquire 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 produced using the Item are offered by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Item offered in a separate recognizable account as the beneficial home of the Seller and shall pay such amount to the Seller upon request.

30. The Seller's property in the Goods is not affected by the fact that the Goods become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of recovering belongings of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in The Vines .

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of approval of the goods, and is only valid for flaws or failure under correct usage and which arise exclusively from faulty design, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in stipulation 35, all reveal and suggested guarantees, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its employees, servants or agents to the Buyer regarding the Goods, their usage and application, are expressly omitted.

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The Seller shall 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 Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, installation, or operation of the Item; or (c) the advice, recommendations, information or services offered by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make good the flaw by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Goods; 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 responsible for a breach of a condition or guarantee indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus restricted to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Goods or getting equivalent Product; (d) the payment of the expense of having the Goods repaired (Personal Training in Brabham Western Australia).

36. The Buyer should not return any Item which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually first provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, cost lists and other marketing matter, are planned merely to give an indicator of the products described therein and none of these shall form part of the agreement unless particularly concurred in writing.

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38. Where our patents, registered styles or copyright features are embodied in the style of the items, an imprint to that effect might be affixed and it should not be defaced obliterated or removed from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Wanneroo WA.

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

Contracts and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether revealed or indicated will form part of this agreement unless specifically 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 will form part of the contract.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in Edgewater . Unless defined somewhere else it is the buyer's responsibility to get any authorizations and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement anywhere and to the degree to which fulfilment of the same is prevented, frustrated or hindered as a consequence of any statute, guideline, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, funding modification declaration, security contract, 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 constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have actually previously been provided which will be supplied in the future by FLEX FITNESS Devices to the Customer.