Hive Gym in Ellenbrook WA

Personal Trainer in Hillarys

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

Personal Trainer in Marangaroo Western Australia

If the Seller considers the Quotation includes a mistake, such a miscalculation of the Purchase Rate, the Seller might at any time, consisting of after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Product readily available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overlooked and chooses not the cancel the contract, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Rate and the cost that would have been the Purchase Cost if the error 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 Product; (b) to enter the Purchaser's facilities (or the properties of any associated Business or agent where the Item lie) without liability for trespass or any resulting damage and to seize the Item; and (c) to keep or resell any Item repossessed pursuant to (b) above.

Group Training in Joondalup

If the Item are re-sold, or products produced using the Item are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the billing cost of the Goods sold or used in the manufacture of the Product offered in a separate identifiable account as the advantageous home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Goods end up being fixtures connected to the facilities of the Purchaser or a third party, and if the Seller goes into those facilities for the purpose of recovering possession of the products, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Gym in The Vines .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the items, and is just valid for flaws or failure under appropriate usage and which emerge entirely from defective style, products 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 buyer. 32. Except as provided in clause 35, all express and suggested guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) style, assembly, setup, products or craftsmanship; or (c) advice, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer regarding the Item, their usage and application, are specifically omitted.

Gym in The Vines

The Seller will not be responsible to the Buyer for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Item; or (c) the guidance, recommendations, details or services supplied by the Seller or the Seller's representatives or workers.

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

35. If the Seller is accountable for a breach of a condition or warranty suggested by Division 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 Item or supply of equivalent Item, or (b) the repair of the Product; (c) the payment of the cost of changing the Product or getting equivalent Goods; (d) the payment of the cost of having actually the Goods repaired (Personal Trainer in Edgewater ).

36. The Purchaser should not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first provided its (written) 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 brochures, rate lists and other marketing matter, are intended merely to offer a sign of the items explained therein and none of these will form part of the agreement unless specifically concurred in writing.

Local Fitness in Lansdale WA

38. Where our patents, registered designs or copyright functions are embodied in the design of the items, an imprint to that result might be affixed and it should not be defaced obliterated or removed from the items. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the products. Nutritionist in Brabham .

If the Seller has followed a style or instructions offered by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenditures of the Seller developing from any violation of a patent, trademark, signed up style, copyright or typical law right. The Buyer on its part warrants that any style or direction provided by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or common law right.

Agreements and deliveries might be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

Local Fitness in Ellenbrook Western Australia

This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Singara . Unless specified elsewhere it is the buyer's duty to get any licenses and approvals. Where any expenses are incurred to obtain such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this agreement wherever and to the level to which fulfilment of the same is avoided, annoyed or prevented as an effect of any statute, rule, policy, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding declaration, funding 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 composing the Customer acknowledges and concurs that these terms and conditions constitute a security contract for the functions of the PPSA and creates a security interest in all Goods that have actually formerly been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Consumer.