Hive Gym in Gnangara

Personal Training in Tapping WA

25. If the Seller problems a Credit Note to the Purchaser (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue 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 issue of the Credit Note.

Hive Gym in Edgewater

If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Item offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has been overlooked and chooses not the cancel the contract, the Purchaser will pay to the Seller, on need, the difference in between the Purchase Rate 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 Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods; (b) to go into the Buyer's properties (or the premises of any associated Company or representative 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.

Heave Strength in Ocean Reef Western Australia

If the Item are re-sold, or products made using the Product are sold by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Item offered in a separate recognizable account as the advantageous property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's residential or commercial property in the Item is not affected by the reality that the Goods become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller gets in those facilities for the function of reclaiming ownership of the goods, and sustains any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Tapping WA.

Our liability in respect of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making excellent the flaw or failure at our own cost. Our guarantee duration is 12 months from the date of approval of the items, and is only valid for flaws or failure under appropriate usage and which occur exclusively from faulty design, 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 purchaser. 32. Other than as offered in stipulation 35, all express and implied warranties, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Item for any purpose; or (b) design, assembly, setup, materials or workmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its workers, servants or representatives to the Buyer relating to the Item, their usage and application, are expressly left out.

Gym in Woodvale

The Seller shall not be responsible 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 including loss or damage occurring as an outcome of: (a) the Seller's or the Seller's agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, details or services provided by the Seller or the Seller's representatives or employees.

34. If the Goods are malfunctioning, the Seller will make excellent the flaw by doing any one of the following at its alternative: (a) fixing the Product; or (b) changing the Product; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of comparable Goods, or (b) the repair of the Goods; (c) the payment of the expense of replacing the Goods or acquiring comparable Product; (d) the payment of the cost of having actually the Product repaired (Group Training in Gnangara ).

36. The Purchaser should not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first provided its (written) approval to their return. Their return must then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, catalog and other marketing matter, are meant merely to give an indicator of the products described therein and none of these will form part of the contract unless particularly concurred in composing.

Gym in henley Brook

38. Where our patents, registered styles or copyright features are embodied in the design of the products, an imprint to that impact might be attached and it should not be ruined eliminated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the goods. Personal Training in Sorrento .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or cause beyond our control avoiding or postponing the execution or performance of any agreement, 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 guarantees whatsoever on our part whether expressed or suggested shall form part of this contract unless expressly stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly concurred by us in writing no arrangement for liquidated damages shall form part of the contract.

Hive Gym in Edgewater

This agreement is governed by Australian Law and all lawsuits in relation There to will be generated the Court of proper jurisdiction in Australia. 43 - Personal Training in Ocean Reef . Unless specified somewhere else it is the buyer's responsibility to acquire any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the buyer's account.

We will be eased of our liability or obligation of performance of this contract anywhere and to the degree to which fulfilment of the same is prevented, frustrated or impeded as a consequence of any statute, guideline, guideline, order in council or by-law or appropriation order or ruling made there under.

45. 1 In this clause funding statement, financing change declaration, security contract, and security interest has actually the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have previously been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.