Hive Gym in Ocean Reef

Helix Gym in Singara

25. If the Seller problems a Credit Note to the Buyer (whether on request 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 Buyer in relation to any of the matters relating to the problem of the Credit Note.

Gym in Padbury

If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Cost, the Seller might at any time, including after delivery of the Goods, cancel this agreement without liability to the Purchaser. If the contract is cancelled after shipment of the Goods, the Purchaser will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and elects not the cancel the contract, the Buyer will pay to the Seller, on demand, the distinction in between the Purchase Rate and the price that would have been the Purchase Rate if the error had actually not been made.

The Seller reserves the list below rights in relation to the Item till all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Product; (b) to go into the Buyer's properties (or the facilities of any associated Company or representative where the Item are located) without liability for trespass or any resulting damage and to take belongings of the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

Heave Strength in Wangara Western Australia

If the Goods are re-sold, or items made using the Product are sold by the Purchaser, the Buyer will hold such part of the earnings of any such sale as represents the invoice cost of the Product sold or utilized in the manufacture of the Item offered in a separate identifiable 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 Product is not impacted by the reality that the Item become components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those properties for the purpose of recovering possession of the goods, and incurs any liability to any person in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Tapping Western Australia.

Our liability in regard of any problem in, or failure of the items provided, or for any loss, injury or damage attributable to such flaw or failure, is limited to making great the defect or failure at our own cost. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for flaws or failure under correct usage and which occur entirely from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the buyer. 32. Other than as supplied in provision 35, all reveal and indicated guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or fitness of the Product for any purpose; or (b) style, assembly, setup, materials or workmanship; or (c) guidance, recommendations, details or services supplied by the Seller, its staff members, servants or agents to the Purchaser relating to the Product, their use and application, are expressly excluded.

Group Training in Padbury Western Australia

The Seller will not be liable to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's agents or staff member's carelessness; (b) the supply, layout, assembly, installation, or operation of the Product; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's representatives or staff members.

34. If the Product are faulty, the Seller will make great the flaw by doing any one of the following at its choice: (a) repairing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is accountable for a breach of a condition or warranty indicated by Department 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 Goods or supply of equivalent Goods, or (b) the repair work of the Goods; (c) the payment of the cost of replacing the Product or acquiring comparable Item; (d) the payment of the expense of having actually the Product repaired (Personal Training in Sorrento WA).

36. The Buyer should not return any Product 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 must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements included in our brochures, catalog and other marketing matter, are meant merely to provide an indication of the items described therein and none of these will form part of the agreement unless specifically agreed in composing.

Hive Gym in Wangara WA

38. Where our patents, registered designs or copyright functions are embodied in the style of the goods, an imprint to that effect might be attached and it must not be ruined wiped out or removed from the goods. Unless otherwise concurred we shall be entitled to compose or affix our name or trade plate on the items. Group Training in Joondalup WA.

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

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, accident, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or cause beyond our control preventing or postponing the execution or performance of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

Personal Training in Aveley Western Australia

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 - Personal Training in Darch . Unless specified elsewhere it is the purchaser's obligation to obtain any authorizations and approvals. Where any expenses are sustained to obtain such approvals these will be to the buyer's account.

We will be alleviated of our liability or duty of performance of this contract anywhere and to the level to which fulfilment of the very same is prevented, annoyed or impeded as an effect of any statute, rule, policy, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding change statement, security agreement, and security interest has the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in composing the Client acknowledges and concurs that these conditions constitute a security contract for the functions of the PPSA and develops a security interest in all Product that have previously been supplied which will be supplied in the future by FLEX FITNESS EQUIPMENT to the Consumer.