Hive Gym in henley Brook Western Australia

Personal Trainer in Aveley

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

Personal Trainer in Wangara WA

If the Seller considers the Quote contains a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Product available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Price 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 Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to get in the Purchaser's premises (or the premises of any associated Business or representative where the Item are located) 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.

Local Fitness in Darch Western Australia

If the Item are re-sold, or items made using the Goods are sold by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Product offered or utilized in the manufacture of the Item offered in a different identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon demand.

30. The Seller's home in the Item is not affected by the reality that the Product become fixtures connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those facilities for the purpose of reclaiming possession of the goods, and sustains any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Trainer in Marangaroo .

Our liability in respect of any defect in, or failure of the products supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the defect or failure at our own expense. Our guarantee period is 12 months from the date of acceptance of the items, and is only valid for defects or failure under appropriate use and which arise entirely from malfunctioning design, materials or craftsmanship.

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 supplied in clause 35, all reveal and suggested warranties, assurances and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any purpose; or (b) style, assembly, installation, materials or craftsmanship; or (c) recommendations, recommendations, details or services supplied by the Seller, its workers, servants or agents to the Buyer concerning the Item, their use and application, are specifically omitted.

Helix Gym in Pearsall Western Australia

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 occurring out of or in relation to the Goods including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services offered by the Seller or the Seller's representatives or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is thus restricted to: (a) the replacement of the Item or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the expense of changing the Item or getting comparable Goods; (d) the payment of the cost of having actually the Product fixed (Group Training in Gnangara ).

36. The Buyer should not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (composed) 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 dimensions consisted of in our brochures, catalog and other advertising matter, are meant simply to provide an indication of the items explained therein and none of these will form part of the contract unless particularly agreed in composing.

Helix Gym in Sorrento Western Australia

38. Where our patents, registered styles or copyright features are embodied in the design of the items, an imprint to that result might be affixed and it must not be defaced eliminated or gotten rid of from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the products. Personal Training in Lansdale .

If the Seller has followed a design or instructions given by the Purchaser, the Buyer shall indemnify the Seller against all damages, charges, expenses and expenditures of the Seller developing from any infringement of a patent, hallmark, registered style, copyright or common law right. The Purchaser on its part warrants that any design or direction offered by it will not trigger the Seller to infringe any patent, signed up design, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, 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 duty will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

Gym in henley Brook Western Australia

This agreement is governed by Australian Law and all lawsuits in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Sorrento Western Australia. Unless defined somewhere else it is the buyer's obligation to get any licenses and approvals. Where any costs are sustained to obtain such approvals these will be to the buyer's account.

We shall be alleviated of our liability or obligation of performance of this agreement any place and to the degree to which fulfilment of the very same is avoided, disappointed or impeded as a consequence of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding statement, funding change declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually previously been supplied and that will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.