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25. If the Seller concerns a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the concern 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 relating to the concern of the Credit Note.

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

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Price and the price that would have been the Purchase Rate if the error had not been made.

The Seller reserves the following rights in relation to the Product until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods; (b) to go into the Purchaser's properties (or the properties of any associated Business or representative where the Goods are located) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Goods are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the invoice rate of the Item offered or used in the manufacture of the Product sold in a different identifiable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Product is not affected by the reality that the Goods end up being fixtures connected to the facilities of the Purchaser or a third party, and if the Seller enters those premises for the function of reclaiming ownership of the products, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in Ellenbrook .

Our liability in respect of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under proper use and which develop solely from faulty design, products 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. Except as offered in provision 35, all reveal and indicated service warranties, guarantees and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, information or services offered by the Seller, its staff members, servants or agents to the Purchaser concerning the Item, their use and application, are expressly left out.

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The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind arising 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 agents or worker's carelessness; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's agents or staff members.

34. If the Goods are faulty, the Seller shall make great the flaw by doing any among the following at its choice: (a) repairing the Goods; or (b) changing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is liable for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Goods; (c) the payment of the expense of replacing the Product or acquiring equivalent Goods; (d) the payment of the expense of having the Item fixed (Gym in Greenwood WA).

36. The Buyer must not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially offered its (written) 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 dimensions included in our brochures, rate lists and other marketing matter, are planned merely to provide an indication of the items described therein and none of these will form part of the agreement unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the items, an imprint to that result may be attached and it needs to not be defaced obliterated or eliminated from the items. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Trainer in Ellenbrook .

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

Contracts and shipments might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control avoiding or postponing the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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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 suitable jurisdiction in Australia. 43 - Gym in Warwick . Unless defined elsewhere it is the purchaser's obligation to get any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the buyer's account.

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

45. 1 In this provision financing declaration, funding change statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Consumer acknowledges and concurs that these conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have formerly been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.