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25. If the Seller issues a Credit Note to the Buyer (whether on request by the Buyer, by its own volition or otherwise), the Buyer agrees that the issue of the Credit Note is an act of business great 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 Quotation includes a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Cost if the error had actually not been made.

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

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If the Product are re-sold, or products manufactured utilizing the Product are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing cost of the Goods offered or used in the manufacture of the Item offered in a different identifiable account as the beneficial residential or commercial property 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 impacted by the truth that the Item become components attached to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Gym in Mullaloo Western Australia.

Our liability in regard of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is limited to making excellent the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the items, and is just legitimate for defects or failure under appropriate use and which develop exclusively from faulty design, 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 supplied in clause 35, all express and implied guarantees, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) style, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services supplied by the Seller, its staff members, servants or representatives to the Purchaser relating to the Goods, their usage and application, are specifically omitted.

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The Seller shall not be responsible to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage arising as an outcome of: (a) the Seller's or the Seller's agents or worker's negligence; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, information or services supplied by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied 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 Goods or supply of equivalent Product, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting comparable Goods; (d) the payment of the cost of having actually the Goods repaired (Gym in Warwick ).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has initially given its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, catalog and other advertising matter, are meant merely to provide 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 features are embodied in the design of the items, an imprint to that result may be attached and it needs to not be ruined wiped out or removed from the goods. Unless otherwise agreed we shall be entitled to compose or affix our name or trade plate on the products. Nutritionist in henley Brook Western Australia.

If the Seller has followed a style or instructions provided by the Purchaser, the Buyer will indemnify the Seller versus all damages, penalties, expenses and expenses of the Seller developing from any infringement of a patent, hallmark, signed up style, copyright or typical law right. The Purchaser on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically agreed by us in composing no provision 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 appropriate jurisdiction in Australia. 43 - Nutritionist in Woodvale Western Australia. Unless specified elsewhere it is the buyer's duty to get any authorizations and approvals. Where any costs are incurred to get such approvals these will be to the buyer's account.

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

45. 1 In this provision funding declaration, financing modification declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the purposes of the PPSA and creates a security interest in all Product that have previously been supplied which will be provided in the future by FLEX FITNESS Devices to the Customer.