Gym in Woodvale WA

Local Fitness in Pearsall

25. If the Seller issues a Credit Note to the Buyer (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 business excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters referring to the issue of the Credit Note.

Gym in Greenwood Western Australia

If the Seller considers the Quotation includes an error, such a mistake of the Purchase Price, the Seller might at any time, including after shipment of the Product, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Product available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, on need, the distinction between the Purchase Price and the rate 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 go into the Purchaser's properties (or the premises of any associated Business or representative where the Item are situated) 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 Singara WA

If the Goods are re-sold, or products made using the Goods are sold by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represents the invoice cost of the Goods sold or utilized in the manufacture of the Goods offered in a different recognizable account as the beneficial home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's property in the Item is not affected by the truth that the Product become fixtures connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of reclaiming belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in Warwick .

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the problem or failure at our own expense. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for flaws or failure under correct use and which emerge solely from faulty style, materials or workmanship.

Without limiting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all express and suggested service warranties, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, installation, materials or workmanship; or (c) recommendations, suggestions, details or services offered by the Seller, its employees, servants or representatives to the Buyer regarding the Goods, their usage and application, are expressly excluded.

Heave Strength in Wangara Western Australia

The Seller will not be accountable to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Product consisting of loss or damage emerging as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, design, assembly, setup, or operation of the Goods; or (c) the guidance, recommendations, information or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 2 of Part V of the Trade Practices Act 1974 (other than Area 69) such liability is thus limited to: (a) the replacement of the Product 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 comparable Product; (d) the payment of the cost of having the Item fixed (Nutritionist in Pearsall ).

36. The Purchaser should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has actually first offered its (written) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, details of weights and dimensions consisted of in our brochures, catalog and other marketing matter, are meant simply to provide a sign of the products explained therein and none of these will form part of the contract unless particularly agreed in writing.

Personal Training in Wangara 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 ruined wiped out or removed from the goods. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the products. Group Training in Padbury .

If the Seller has actually followed a design or guidelines provided by the Buyer, the Buyer will indemnify the Seller versus all damages, charges, expenses and expenses of the Seller arising from any infringement of a patent, trademark, registered style, copyright or common law right. The Buyer on its part warrants that any style or direction provided by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Agreements and shipments might be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any agreement, and no responsibility shall attach to us for any default, loss, damage or delay due to any of the passing up causes.

No conditions, terms, covenants, service warranties and assurances whatsoever on our part whether expressed or suggested will form part of this agreement unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

Gym in Wangara

This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of suitable jurisdiction in Australia. 43 - Nutritionist in Tapping Western Australia. Unless specified somewhere else it is the purchaser's responsibility to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

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

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