Local Fitness in Edgewater WA

Personal Trainer in Aveley Western Australia

25. If the Seller concerns a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the issue of the Credit Note is an act of business great faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters referring to the concern of the Credit Note.

Heave Strength in henley Brook Western Australia

If the Seller considers the Quote includes an error, such a mistake of the Purchase Cost, the Seller may at any time, including after shipment of the Item, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, as needed, the difference in between the Purchase Price and the rate 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 Product till all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Product; (b) to go into the Purchaser's properties (or the premises of any associated Business or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Goods; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

Personal Trainer in Ellenbrook

If the Item are re-sold, or items made using the Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice rate of the Product offered or used in the manufacture of the Item sold in a different identifiable account as the useful home of the Seller and shall pay such quantity to the Seller upon demand.

30. The Seller's home in the Goods is not affected by the fact that the Goods become components attached to the premises of the Buyer or a 3rd party, and if the Seller enters those facilities for the function of recovering belongings of the products, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Nutritionist in Carramar WA.

Our liability in regard of any flaw in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is limited to making good the flaw or failure at our own expense. Our warranty period is 12 months from the date of approval of the products, and is only valid for defects or failure under proper use and which develop exclusively from faulty style, products or craftsmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Except as supplied in clause 35, all express and implied guarantees, assurances and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or fitness of the Goods for any function; or (b) style, assembly, setup, materials or craftsmanship; or (c) advice, recommendations, info or services provided by the Seller, its staff members, servants or representatives to the Buyer regarding the Goods, their usage and application, are expressly left out.

Gym in Edgewater Western Australia

The Seller shall not be responsible to the Buyer for physical or financial injury, loss or damage or substantial loss or damage of any kind emerging out of or in relation to the Goods including loss or damage arising as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, design, assembly, setup, or operation of the Product; or (c) the advice, recommendations, information or services provided by the Seller or the Seller's representatives or workers.

34. If the Item are defective, the Seller will make excellent the problem by doing any one of the following at its option: (a) repairing the Item; or (b) changing 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 suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Area 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the cost of changing the Item or obtaining comparable Goods; (d) the payment of the cost of having the Product repaired (Personal Training in Carramar Western Australia).

36. The Purchaser needs to not return any Product which the Purchaser claims are not in accordance with the contact or Quote unless the Seller has actually initially provided its (composed) 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 measurements included in our brochures, catalog and other advertising matter, are intended simply to provide an indication of the products described therein and none of these will form part of the agreement unless specifically agreed in writing.

Helix Gym in Mullaloo

38. Where our patents, registered styles or copyright features are embodied in the design of the goods, an imprint to that effect may be attached and it should not be defaced eliminated or gotten rid of from the goods. Unless otherwise agreed we will be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Aveley WA.

If the Seller has actually followed a style or guidelines offered by the Buyer, the Purchaser will indemnify the Seller versus all damages, penalties, costs and costs of the Seller emerging from any violation of a patent, trademark, signed up design, 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, signed up design, hallmark, copyright or common law right.

Contracts and deliveries might be suspended in case of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or delaying the execution or efficiency of any contract, and no duty will connect to us for any default, loss, damage or hold-up due to any of the forgoing causes.

No conditions, terms, covenants, service warranties and warranties whatsoever on our part whether expressed or implied shall 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 expressly agreed by us in writing no provision for liquidated damages will form part of the contract.

Heave Strength in Wangara Western Australia

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 Wanneroo . Unless specified somewhere else it is the purchaser's duty to obtain any licenses and approvals. Where any costs are sustained to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this agreement wherever and to the level to which fulfilment of the exact same is avoided, frustrated or impeded as a consequence of any statute, rule, guideline, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation funding declaration, financing modification declaration, security arrangement, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and concurs that these conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Goods that have formerly been provided and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Customer.