Gym in Brabham Western Australia

Hive Gym in Gnangara

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 concurs that the problem 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 pertaining to the problem of the Credit Note.

Personal Training in Ellenbrook

If the Seller considers the Quote contains an error, such a miscalculation of the Purchase Cost, the Seller might at any time, consisting of after delivery of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after shipment of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has actually been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction in between the Purchase Cost and the price that would have been the Purchase Price if the mistake had not been made.

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

Helix Gym in Padbury

If the Product are re-sold, or items produced using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing rate of the Goods sold or used in the manufacture of the Item offered in a separate recognizable account as the useful residential or commercial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not impacted by the fact that the Product become fixtures attached to the properties of the Purchaser or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming belongings of the items, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Mullaloo .

Our liability in respect of any problem in, or failure of the items supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the defect or failure at our own expense. Our assurance duration is 12 months from the date of acceptance of the goods, and is only valid for problems or failure under appropriate usage and which occur entirely from defective design, 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 buyer. 32. Except as supplied in stipulation 35, all reveal and suggested guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, suggestions, information or services supplied by the Seller, its employees, servants or agents to the Buyer concerning the Product, their use and application, are specifically omitted.

Helix Gym in Brabham

The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind developing 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 representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, recommendations, information or services offered by the Seller or the Seller's agents or employees.

34. If the Item are faulty, the Seller will make great the problem by doing any one of the following at its option: (a) fixing the Goods; or (b) changing the Product; or (c) taking the goods back and crediting the Buyer with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Group Training in Mullaloo Western Australia).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quote unless the Seller has initially provided its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and dimensions included in our catalogues, cost lists and other advertising matter, are intended simply to give an indication of the products explained therein and none of these will form part of the agreement unless specifically agreed in writing.

Personal Training in Warwick

38. Where our patents, signed up styles or copyright features are embodied in the design of the goods, an imprint to that effect may be attached and it needs to not be ruined obliterated or eliminated from the products. Unless otherwise concurred we will be entitled to write or affix our name or trade plate on the items. Nutritionist in Padbury .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or delaying the execution or performance of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

Hive Gym in Brabham Western Australia

This contract is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Nutritionist in Gnangara WA. Unless defined somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of efficiency of this contract wherever and to the extent to which fulfilment of the same is prevented, annoyed or prevented as an effect of any statute, rule, regulation, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this stipulation funding statement, financing change statement, security agreement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Consumer acknowledges and concurs that these conditions make up a security agreement for the purposes of the PPSA and develops a security interest in all Product that have formerly been provided which will be supplied in the future by FLEX FITNESS Devices to the Client.