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

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If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Product, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Buyer 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 overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference between the Purchase Rate and the rate that would have been the Purchase Price if the mistake had 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 fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's premises (or the premises of any associated Business or agent where the Item are situated) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Product are re-sold, or products produced using the Goods are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing rate of the Product sold or used in the manufacture of the Item offered in a separate recognizable account as the advantageous property of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the reality that the Product become fixtures attached to the facilities of the Buyer or a 3rd party, and if the Seller enters those facilities 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. Gym in Tapping Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the defect or failure at our own cost. Our warranty duration is 12 months from the date of acceptance of the items, and is only valid for defects or failure under appropriate usage and which occur entirely from malfunctioning design, materials or craftsmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in stipulation 35, all reveal and indicated warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) style, assembly, installation, materials or craftsmanship; or (c) suggestions, suggestions, details or services offered by the Seller, its workers, servants or agents to the Purchaser concerning the Goods, their use and application, are expressly left out.

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The Seller shall not be responsible 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 Goods consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the products 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 Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair work of the Item; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having actually the Product fixed (Personal Trainer in Mullaloo Western Australia).

36. The Purchaser needs to not return any Goods 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 should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our catalogues, cost lists and other advertising matter, are intended merely to give an indication of the items explained therein and none of these will form part of the agreement unless specifically agreed in writing.

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38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that effect may be attached and it needs to not be ruined eliminated or eliminated from the items. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Carramar .

If the Seller has followed a style or directions provided by the Purchaser, the Purchaser shall indemnify the Seller versus all damages, penalties, costs and expenses of the Seller developing from any infringement of a patent, hallmark, registered design, copyright or typical law right. The Buyer on its part warrants that any style or instruction given by it will not trigger 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 conflict, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or performance of any agreement, and no responsibility will connect to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed 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 concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Training in Darch Western Australia. Unless defined somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We will be relieved of our liability or obligation of efficiency of this agreement any place and to the level to which fulfilment of the very same is avoided, frustrated or hindered as an effect of any statute, guideline, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding modification statement, security contract, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Client.