Helix Gym in Singara WA

Gym in Ocean Reef Western Australia

25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser 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 Buyer in relation to any of the matters relating to the issue of the Credit Note.

Hive Gym in Joondalup

If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Price, 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 shipment of the Goods, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been overlooked and chooses not the cancel the agreement, the Buyer will pay to the Seller, on demand, the distinction between the Purchase Cost and the rate that would have been the Purchase Rate if the mistake had actually not been made.

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

Local Fitness in Mullaloo Western Australia

If the Item are re-sold, or items made using the Product are offered by the Buyer, the Buyer will hold such part of the proceeds of any such sale as represents the billing price of the Item sold or used in the manufacture of the Goods sold in a separate identifiable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Goods is not impacted by the reality that the Item end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming belongings of the goods, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Group Training in Tapping .

Our liability in regard of any defect in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the problem or failure at our own expense. Our warranty duration is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under proper use and which arise entirely from faulty design, products or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Except as provided in stipulation 35, all reveal and indicated warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any purpose; or (b) design, assembly, installation, materials or craftsmanship; or (c) guidance, recommendations, information or services offered by the Seller, its employees, servants or agents to the Purchaser relating to the Item, their usage and application, are specifically excluded.

Group Training in Woodvale Western Australia

The Seller shall not be liable to the Purchaser for physical or monetary injury, loss or damage or substantial loss or damage of any kind developing out of or in relation to the Goods including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's representatives or employee's neglect; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's representatives or employees.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any among the following at its alternative: (a) repairing the Item; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Product or supply of comparable Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or acquiring comparable Product; (d) the payment of the expense of having the Item fixed (Nutritionist in Ocean Reef Western Australia).

36. The Buyer must not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first offered 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, price lists and other advertising matter, are planned simply to offer an indication of the goods described therein and none of these shall form part of the agreement unless specifically agreed in composing.

Personal Trainer in henley Brook

38. Where our patents, registered designs or copyright features are embodied in the design of the products, an imprint to that result might be attached and it must not be defaced eliminated or removed from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the products. Nutritionist in Singara .

If the Seller has followed a design or directions given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, costs and expenditures of the Seller emerging from any violation of a patent, hallmark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or guideline provided by it will not cause the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Agreements and deliveries may be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or efficiency of any agreement, and no duty will connect to us for any default, loss, damage or delay due to any of the passing up causes.

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

Evolution Mma in Hillarys

This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of proper jurisdiction in Australia. 43 - Group Training in Ellenbrook . Unless specified elsewhere it is the purchaser's obligation to get any authorizations and approvals. Where any expenses are sustained to get such approvals these will be to the buyer's account.

We will be eliminated of our liability or responsibility of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, frustrated 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 financing declaration, funding modification statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Client acknowledges and agrees that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Item that have formerly been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.