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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Buyer concurs 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 Purchaser in relation to any of the matters relating to the problem of the Credit Note.

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If the Seller thinks about the Quotation includes a mistake, such a mistake of the Purchase Rate, the Seller might at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the rate that would have been the Purchase Rate if the error had not been made.

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

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If the Item are re-sold, or products manufactured using the Item are sold by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Item sold or utilized in the manufacture of the Product sold in a separate identifiable account as the advantageous property 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 Product end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller gets in those premises for the purpose of reclaiming possession of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Mullaloo .

Our liability in respect of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is restricted to making great the problem or failure at our own expense. Our warranty duration is 12 months from the date of approval of the items, and is just valid for flaws or failure under correct usage and which emerge entirely from defective style, products or workmanship.

Without restricting 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 provided in stipulation 35, all express and implied guarantees, warranties and conditions under statute or basic law regarding: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or workmanship; or (c) advice, suggestions, info or services provided by the Seller, its workers, servants or representatives to the Purchaser regarding the Item, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or monetary injury, loss or damage or consequential loss or damage of any kind developing 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 agents or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the recommendations, suggestions, information or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is responsible for a breach of a condition or service warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Goods; (c) the payment of the cost of changing the Item or acquiring comparable Item; (d) the payment of the cost of having actually the Product repaired (Nutritionist in Padbury Western Australia).

36. The Buyer needs to not return any Goods which the Purchaser claims are not in accordance with the contact or Quote 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 measurements consisted of in our catalogues, catalog and other advertising matter, are intended simply to provide a sign of the products explained therein and none of these will form part of the contract unless specifically concurred in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the products, an imprint to that result might be affixed and it needs to not be defaced eliminated or eliminated from the products. Unless otherwise agreed we will be entitled to compose or attach our name or trade plate on the items. Gym in Ocean Reef .

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

Agreements and shipments may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no obligation shall attach to us for any default, loss, damage or delay due to any of the giving up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or indicated will 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 concurred by us in writing no provision for liquidated damages will form part of the agreement.

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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 - Nutritionist in Carramar Western Australia. Unless defined in other places it is the purchaser's duty to acquire any permits and approvals. Where any expenses are incurred to acquire 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 extent to which fulfilment of the exact same is prevented, annoyed or hindered as a consequence of any statute, guideline, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision funding declaration, funding change declaration, security contract, and security interest has the significance provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and agrees that these conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have actually formerly been provided which will be supplied in the future by FLEX PHYSICAL FITNESS Devices to the Customer.