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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue 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 considers the Quote contains an error, such a miscalculation of the Purchase Rate, the Seller may at any time, including after shipment of the Goods, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Purchaser will make the Product offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the list below rights in relation to the Item until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to get in the Purchaser's premises (or the facilities of any associated Company or representative where the Item lie) without liability for trespass or any resulting damage and to seize the Goods; 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 manufactured using the Product are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the billing rate of the Goods offered or used in the manufacture of the Product sold in a separate identifiable account as the useful property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Product is not affected by the truth that the Goods become fixtures connected to the properties of the Purchaser or a 3rd celebration, and if the Seller gets in those properties for the purpose of recovering possession of the products, and incurs any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Sorrento .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making good the defect or failure at our own expense. Our guarantee period is 12 months from the date of approval of the items, and is just legitimate for defects or failure under proper use and which arise entirely from faulty style, products or workmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and suggested service warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any function; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, recommendations, information or services offered by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their use and application, are specifically omitted.

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The Seller shall not be accountable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the suggestions, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Goods are defective, the Seller will make great the defect by doing any among the following at its option: (a) repairing the Product; or (b) changing the Goods; or (c) taking the items back and crediting the Buyer with the Purchase Cost if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Goods, or (b) the repair of the Product; (c) the payment of the expense of replacing the Product or acquiring equivalent Item; (d) the payment of the cost of having actually the Item fixed (Personal Training in Greenwood Western Australia).

36. The Buyer needs to not return any Product which the Buyer 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 must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, cost lists and other marketing matter, are planned merely to provide an indication of the goods 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 designs or copyright functions are embodied in the design of the items, an imprint to that result may be attached and it must not be ruined wiped out or gotten rid of from the products. Unless otherwise concurred we shall be entitled to write or attach our name or trade plate on the products. Personal Training in Warwick .

If the Seller has followed a design or guidelines provided by the Purchaser, the Buyer shall indemnify the Seller against all damages, penalties, costs and expenditures of the Seller developing from any violation of a patent, trademark, signed up design, copyright or typical 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, signed up design, trademark, copyright or typical law right.

Contracts and deliveries may be suspended in the event of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Greenwood Western Australia. Unless specified 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 eliminated of our liability or duty of efficiency of this agreement any place and to the degree to which fulfilment of the same is avoided, disappointed or prevented as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding modification statement, security arrangement, and security interest has actually the meaning 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 make up a security arrangement for the functions of the PPSA and creates a security interest in all Product that have previously been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.