Hive Gym in Lansdale Western Australia

Personal Training in Joondalup

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 agrees that the issue of the Credit Note is an act of industrial great faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

Helix Gym in Darch Western Australia

If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Rate, the Seller may at any time, consisting of after delivery of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Rate has been miscalculated and elects not the cancel the agreement, the Buyer will pay to the Seller, as needed, the distinction between the Purchase Cost and the rate that would have been the Purchase Cost if the error 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 Goods; (b) to enter 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 acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

Local Fitness in Wanneroo Western Australia

If the Goods are re-sold, or products made utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the earnings of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Item offered in a different recognizable account as the helpful property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not impacted by the fact that the Product end up being fixtures connected to the properties of the Buyer or a 3rd celebration, and if the Seller goes into those premises for the function of recovering ownership of the items, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Group Training in Aveley .

Our liability in regard of any defect in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is just valid for defects or failure under proper use and which develop solely from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as offered in stipulation 35, all reveal and indicated warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or fitness of the Product for any function; or (b) style, assembly, setup, products or workmanship; or (c) suggestions, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Buyer regarding the Product, their usage and application, are expressly left out.

Hive Gym in Edgewater Western Australia

The Seller will not be liable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind emerging out of or in relation to the Goods including loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or employee's carelessness; (b) the supply, design, assembly, installation, or operation of the Product; or (c) the advice, suggestions, information or services offered by the Seller or the Seller's representatives or workers.

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

35. If the Seller is responsible for a breach of a condition or service warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby restricted to: (a) the replacement of the Product or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or obtaining equivalent Item; (d) the payment of the expense of having actually the Item fixed (Personal Trainer in Lansdale ).

36. The Purchaser needs to not return any Item 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 Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our brochures, rate lists and other marketing matter, are planned simply to give a sign of the products described therein and none of these shall form part of the agreement unless specifically agreed in composing.

Personal Training in Wanneroo

38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that effect might be affixed and it should not be ruined eliminated or removed from the products. Unless otherwise agreed we will be entitled to compose or affix our name or trade plate on the products. Gym in Gnangara WA.

If the Seller has followed a style or guidelines given by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and expenses of the Seller emerging from any infringement of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any design or guideline provided by it will not cause the Seller to infringe any patent, registered style, trademark, copyright or common law right.

Contracts and deliveries might be suspended in the event of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control avoiding or delaying the execution or efficiency of any agreement, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether revealed or implied will form part of this contract unless expressly 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 arrangement for liquidated damages will form part of the contract.

Heave Strength in Padbury

This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Gym in Padbury . Unless defined elsewhere it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We shall be eased of our liability or responsibility of efficiency of this contract anywhere and to the degree to which fulfilment of the very same is prevented, annoyed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision financing statement, financing change statement, security contract, and security interest has actually the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided which will be provided in the future by FLEX FITNESS Devices to the Client.