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

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If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Cost, the Seller may at any time, consisting of after delivery of the Product, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Rate and the price that would have been the Purchase Price if the error had not been made.

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are completely paid: (a) legal ownership of the Product; (b) to go into the Purchaser's facilities (or the premises of any associated Company or agent where the Product lie) 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 Item are re-sold, or items produced utilizing the Goods are offered by the Purchaser, the Buyer will hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or utilized in the manufacture of the Product sold in a separate identifiable account as the beneficial home of the Seller and shall pay such quantity to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not affected by the fact that the Item become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering ownership of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in Brabham Western Australia.

Our liability in respect of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making good the problem or failure at our own expense. Our assurance period is 12 months from the date of acceptance of the products, and is just valid for flaws or failure under correct use and which emerge entirely from faulty design, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all reveal and indicated guarantees, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its employees, servants or agents to the Purchaser regarding the Product, their use and application, are expressly omitted.

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The Seller shall not be liable 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 emerging as an outcome of: (a) the Seller's or the Seller's representatives or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's representatives or staff members.

34. If the Goods are defective, the Seller shall make great the problem by doing any one of the following at its option: (a) repairing the Item; or (b) replacing the Product; or (c) taking the items 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 suggested by Department 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 Item or supply of comparable Goods, or (b) the repair of the Item; (c) the payment of the expense of changing the Item or obtaining equivalent Goods; (d) the payment of the expense of having the Goods fixed (Group Training in Warwick WA).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given 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 consisted of in our catalogues, catalog and other advertising matter, are intended merely to offer an indication of the products described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, registered designs or copyright features are embodied in the style of the products, an imprint to that impact may be attached and it should not be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the products. Group Training in Gnangara .

If the Seller has actually followed a style or guidelines offered by the Buyer, the Buyer will indemnify the Seller versus all damages, penalties, costs and expenditures of the Seller occurring from any violation of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or instruction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and shipments may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or delaying the execution or performance of any agreement, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Warwick WA. Unless specified in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are incurred to obtain such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of performance of this contract wherever and to the degree to which fulfilment of the same is prevented, annoyed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing declaration, financing modification declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and agrees that these conditions make up a security contract for the purposes 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 PHYSICAL FITNESS Devices to the Client.