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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 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 relating to the issue of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the contract, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the cost that would have been the Purchase Rate if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item till all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's properties (or the premises of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Item repossessed pursuant to (b) above.

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If the Goods are re-sold, or items manufactured using the Goods are sold by the Buyer, the Purchaser will hold such part of the proceeds of any such sale as represents the invoice price of the Goods offered or used in the manufacture of the Goods offered in a separate recognizable account as the useful residential or commercial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the truth that the Goods become components attached to the facilities of the Buyer or a third party, and if the Seller gets in those properties for the purpose of reclaiming possession of the goods, and sustains any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Marangaroo .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the problem or failure at our own cost. Our assurance duration is 12 months from the date of approval of the products, and is only legitimate for flaws or failure under proper use and which occur entirely from malfunctioning style, products or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and suggested service warranties, guarantees and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Goods for any purpose; or (b) style, assembly, setup, materials or craftsmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its employees, servants or representatives to the Purchaser regarding the Product, their usage and application, are expressly omitted.

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The Seller will not be responsible to the Purchaser for physical or financial 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 arising as a result of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller shall make great the defect by doing any one of the following at its alternative: (a) fixing the Goods; or (b) changing the Item; or (c) taking the products back and crediting the Buyer with the Purchase Rate if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair of the Item; (c) the payment of the expense of replacing the Goods or obtaining equivalent Product; (d) the payment of the cost of having actually the Item repaired (Nutritionist in The Vines ).

36. The Buyer should not return any Goods which the Purchaser 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 Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our catalogues, rate lists and other marketing matter, are intended merely to offer a sign of the items described therein and none of these shall form part of the contract unless particularly agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that effect may be attached and it must not be ruined eliminated or gotten rid of from the items. Unless otherwise concurred we will be entitled to write or attach our name or trade plate on the products. Gym in Padbury .

If the Seller has followed a style or instructions provided by the Buyer, the Purchaser shall indemnify the Seller against all damages, charges, costs and expenditures of the Seller developing from any infringement of a patent, hallmark, signed up design, copyright or typical 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, hallmark, copyright or common 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 disturbance, war, or other force majeure, or other incident or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no responsibility shall connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, 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 arrangement for liquidated damages will form part of the contract.

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Personal Training in The Vines . Unless specified elsewhere it is the buyer's duty to obtain any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or obligation of performance of this contract anywhere and to the level to which fulfilment of the same is avoided, disappointed or hindered as an effect of any statute, guideline, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this provision funding declaration, funding modification statement, security arrangement, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and agrees that these terms and conditions make up a security contract for the functions of the PPSA and creates a security interest in all Item that have formerly been supplied which will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.