Hive Gym in henley Brook

Personal Trainer in Aveley WA

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

Evolution Mma in Pearsall Western Australia

If the Seller considers the Quotation consists of an error, such a mistake of the Purchase Cost, the Seller may at any time, including after delivery of the Product, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Product, the Purchaser will make the Goods offered for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Price has actually been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the distinction in between the Purchase Price and the price that would have been the Purchase Cost if the mistake had not been made.

The Seller reserves the list below rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid: (a) legal ownership of the Product; (b) to enter the Buyer's facilities (or the premises of any associated Company or agent where the Product lie) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

Group Training in Tapping

If the Item are re-sold, or products manufactured utilizing the Item are offered by the Buyer, the Buyer will hold such part of the profits of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Product sold in a separate identifiable account as the beneficial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's residential or commercial property in the Item is not impacted by the truth that the Product become fixtures connected to the premises of the Buyer or a 3rd party, and if the Seller enters those premises for the function of reclaiming ownership of the items, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Gnangara WA.

Our liability in regard of any defect in, or failure of the items supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making great the flaw or failure at our own cost. Our warranty period is 12 months from the date of acceptance of the items, and is only valid for problems or failure under proper use and which occur exclusively from faulty style, materials or craftsmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as provided in provision 35, all reveal and indicated guarantees, guarantees and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Product for any function; or (b) design, assembly, installation, products or craftsmanship; or (c) recommendations, recommendations, information or services provided by the Seller, its employees, servants or representatives to the Purchaser concerning the Goods, their usage and application, are expressly omitted.

Group Training in Brabham Western Australia

The Seller shall 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 Product consisting of loss or damage developing as an outcome of: (a) the Seller's or the Seller's representatives or staff member's negligence; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the advice, suggestions, info or services offered by the Seller or the Seller's agents or workers.

34. If the Product are defective, the Seller shall make great the defect by doing any one of the following at its choice: (a) fixing the Goods; or (b) replacing the Product; or (c) taking the items back and crediting the Purchaser with the Purchase Price if it has actually been Paid.

35. If the Seller is liable for a breach of a condition or service warranty indicated by Division 2 of Part V of the Trade Practices Act 1974 (aside from Area 69) such liability is thus limited to: (a) the replacement of the Goods or supply of comparable Product, or (b) the repair of the Product; (c) the payment of the expense of changing the Goods or getting equivalent Item; (d) the payment of the cost of having actually the Goods repaired (Gym in The Vines Western Australia).

36. The Buyer should not return any Item which the Buyer claims are not in accordance with the contact or Quote unless the Seller has actually first given its (composed) approval to their return. Their return must then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and measurements included in our catalogues, catalog and other marketing matter, are meant simply to give a sign of the products explained therein and none of these shall form part of the agreement unless particularly agreed in composing.

Evolution Mma in Hillarys Western Australia

38. Where our patents, registered styles or copyright functions are embodied in the style of the products, an imprint to that effect may be affixed and it should not be defaced obliterated or eliminated from the goods. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the products. Personal Training in Mullaloo Western Australia.

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

Contracts and shipments might be suspended in the occasion of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other event or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and warranties whatsoever on our part whether expressed or implied shall form part of this agreement unless specifically stated in these in these conditions of sale or otherwise agreed by us in composing and unless expressly agreed by us in composing no arrangement for liquidated damages will form part of the contract.

Heave Strength in Marangaroo Western Australia

This agreement is governed by Australian Law and all litigation in relation There to will be brought in the Court of proper jurisdiction in Australia. 43 - Nutritionist in Ellenbrook WA. Unless defined in other places it is the buyer's obligation to get any permits and approvals. Where any costs are incurred to acquire such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement anywhere and to the degree to which fulfilment of the very same is prevented, disappointed or impeded as a repercussion of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this provision financing statement, funding modification statement, security arrangement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these conditions constitute a security contract for the purposes of the PPSA and produces a security interest in all Item that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.