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

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

If the Seller considers that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the difference in between the Purchase Rate and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the following rights in relation to the Item until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Item; (b) to get in the Buyer's properties (or the facilities of any associated Company or representative where the Product 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 made using the Product are sold by the Purchaser, the Buyer shall hold such part of the profits of any such sale as represents the billing rate of the Goods sold or utilized in the manufacture of the Item offered in a separate identifiable account as the beneficial property of the Seller and will pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not affected by the fact that the Goods become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller goes into those premises for the function of reclaiming ownership of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Personal Trainer in The Vines .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making good the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the products, and is only valid for defects or failure under appropriate use and which develop entirely from defective style, products or craftsmanship.

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 provided in clause 35, all express and indicated guarantees, warranties and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or fitness of the Goods for any function; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, suggestions, information or services provided by the Seller, its workers, 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 accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the guidance, suggestions, info or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or guarantee implied by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Product; (c) the payment of the expense of replacing the Item or obtaining equivalent Goods; (d) the payment of the cost of having the Goods fixed (Personal Trainer in Warwick ).

36. The Purchaser needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and measurements consisted of in our catalogues, cost lists and other marketing matter, are planned merely to provide an indicator of the goods described therein and none of these shall form part of the contract unless particularly concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that result might be attached and it should not be defaced wiped out or removed from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Trainer in Pearsall .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or efficiency of any contract, and no responsibility will connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in composing and unless expressly agreed by us in composing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Aveley . Unless defined in other places it is the purchaser's duty to obtain any licenses and approvals. Where any expenses are sustained to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or duty of performance of this agreement anywhere and to the degree to which fulfilment of the same is avoided, disappointed or prevented as a consequence of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding statement, financing change declaration, security agreement, and security interest has actually the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and creates a security interest in all Item that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.