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

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If the Seller considers the Quote consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Item, the Purchaser will make the Product readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Cost and the rate that would have been the Purchase Cost if the mistake had actually not been made.

The Seller reserves the following rights in relation to the Item up until all accounts owed by the Buyer to the Seller are totally paid: (a) legal ownership of the Item; (b) to enter the Purchaser's facilities (or the properties of any associated Business or agent where the Goods lie) without liability for trespass or any resulting damage and to seize the Goods; 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 made using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the billing cost of the Product offered or used in the manufacture of the Goods offered in a different recognizable account as the beneficial home of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Product is not impacted by the fact that the Goods end up being fixtures connected to the facilities of the Purchaser or a 3rd party, and if the Seller enters those properties for the purpose of recovering ownership of the products, and sustains any liability to any individual in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Ocean Reef .

Our liability in regard of any flaw in, or failure of the goods provided, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the defect or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is only legitimate for problems or failure under appropriate usage and which occur solely from malfunctioning design, products or workmanship.

Without limiting 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 provision 35, all reveal and implied warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or (b) design, assembly, setup, products or craftsmanship; or (c) suggestions, suggestions, info or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Product, their use and application, are specifically left out.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Product consisting of loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, details or services offered by the Seller or the Seller's representatives or workers.

34. If the Product are faulty, the Seller shall make great the defect by doing any among the following at its alternative: (a) repairing the Product; or (b) replacing the Item; or (c) taking the products back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is liable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Product; (c) the payment of the cost of replacing the Item or getting equivalent Product; (d) the payment of the cost of having actually the Item fixed (Personal Trainer in Ocean Reef ).

36. The Buyer must not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially provided its (written) 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 included in our brochures, cost lists and other marketing matter, are intended simply to provide a sign of the products explained therein and none of these shall form part of the contract unless specifically agreed in composing.

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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 might be attached and it must not be ruined eliminated or gotten rid of from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the items. Gym in Marangaroo Western Australia.

If the Seller has followed a style or instructions offered by the Buyer, the Buyer shall indemnify the Seller against all damages, penalties, expenses and expenditures of the Seller developing from any infringement of a patent, trademark, registered style, copyright or common law right. The Purchaser on its part warrants that any style or direction given 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 the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation will 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 expressed or implied shall form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in writing no arrangement for liquidated damages will form part of the agreement.

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This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Gym in The Vines . Unless specified in other places it is the purchaser's obligation to obtain any licenses and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

We shall be alleviated of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the very same is prevented, frustrated or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation financing statement, financing modification statement, security contract, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Item that have actually previously been supplied and that will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Consumer.