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25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the concern of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a mistake of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Buyer will make the Product offered for collection by the Seller when required 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, on need, the difference between the Purchase Price and the cost that would have been the Purchase Price if the error had actually not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Item; (b) to enter the Purchaser's premises (or the properties of any associated Company or representative where the Goods are located) without liability for trespass or any resulting damage and to acquire the Item; 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 Item are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the billing rate of the Product offered or utilized in the manufacture of the Goods offered in a different 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 Item is not affected by the reality that the Item become components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming ownership of the products, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Gym in Mullaloo WA.

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 limited to making good the problem or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is only valid for flaws or failure under correct use and which develop solely from faulty style, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as offered in clause 35, all reveal and indicated 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) style, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, information or services supplied by the Seller, its workers, 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 accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing 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 representatives or employee's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the advice, recommendations, info or services offered by the Seller or the Seller's representatives or employees.

34. If the Goods are defective, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having the Product repaired (Gym in Edgewater WA).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has initially given its (composed) 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 dimensions consisted of in our catalogues, price lists and other advertising matter, are planned merely to offer a sign of the products described therein and none of these will form part of the agreement unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright features are embodied in the design of the goods, an imprint to that result may be attached and it needs to not be defaced eliminated or gotten rid of from the products. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Gym in Warwick .

If the Seller has followed a design or guidelines given by the Buyer, the Purchaser will indemnify the Seller versus all damages, charges, costs and expenses of the Seller arising from any infringement of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any design or direction offered by it will not cause the Seller to infringe any patent, signed up design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or postponing the execution or efficiency 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, warranties and warranties whatsoever on our part whether revealed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless specifically agreed by us in composing no arrangement for liquidated damages shall 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 proper jurisdiction in Australia. 43 - Group Training in Pearsall . Unless defined somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the very same is prevented, disappointed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this provision financing statement, financing modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Client acknowledges and concurs that these conditions make up a security contract for the functions of the PPSA and produces a security interest in all Item that have previously been supplied and that will be supplied in the future by FLEX FITNESS Devices to the Consumer.