Group Training in Lansdale WA

Local Fitness in Wangara WA

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

Helix Gym in Lansdale

If the Seller thinks about the Quote consists of an error, such a mistake of the Purchase Cost, the Seller might at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Goods offered for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Price has been miscalculated and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Price and the rate that would have been the Purchase Price if the mistake had actually not been made.

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

Helix Gym in Woodvale WA

If the Product are re-sold, or items made using the Goods are sold by the Buyer, the Buyer shall hold such part of the profits of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Item offered in a different recognizable account as the beneficial residential or commercial property of the Seller and will pay such amount to the Seller upon demand.

30. The Seller's property in the Item is not impacted by the truth that the Item become components connected to the properties of the Buyer or a 3rd party, and if the Seller enters those premises for the purpose of recovering possession of the products, and incurs any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Personal Training in Sorrento .

Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such flaw or failure, is restricted to making great the problem or failure at our own cost. Our guarantee period is 12 months from the date of approval of the products, and is just valid for problems or failure under proper usage and which develop solely from malfunctioning design, materials or workmanship.

Without limiting 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 provided in provision 35, all express and suggested warranties, warranties and conditions under statute or general law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, materials or workmanship; or (c) suggestions, suggestions, details or services provided by the Seller, its workers, servants or representatives to the Purchaser relating to the Item, their use and application, are specifically left out.

Personal Trainer in Carramar

The Seller shall not be accountable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind developing out of or in relation to the Goods consisting of loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the guidance, suggestions, details or services provided by the Seller or the Seller's agents or employees.

34. If the Item are defective, the Seller will make excellent the flaw by doing any one of the following at its option: (a) repairing the Item; or (b) changing the Goods; or (c) taking the products back and crediting the Purchaser with the Purchase Price if it has been Paid.

35. If the Seller is responsible for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is thus limited to: (a) the replacement of the Item or supply of comparable Goods, or (b) the repair work of the Item; (c) the payment of the cost of changing the Item or getting comparable Item; (d) the payment of the expense of having the Product repaired (Personal Trainer in Brabham ).

36. The Buyer needs to not return any Goods which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has actually first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions included in our brochures, catalog and other marketing matter, are planned merely to give an indicator of the goods described therein and none of these will form part of the agreement unless particularly agreed in writing.

Gym in Joondalup Western Australia

38. Where our patents, registered styles or copyright functions are embodied in the design of the goods, an imprint to that effect may be attached and it must not be ruined obliterated or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the goods. Personal Training in Brabham Western Australia.

If the Seller has followed a design or directions given by the Buyer, the Purchaser shall indemnify the Seller versus all damages, charges, expenses and costs of the Seller developing from any infringement of a patent, trademark, signed up design, copyright or common law right. The Purchaser on its part warrants that any style or direction offered by it will not trigger the Seller to infringe any patent, registered style, hallmark, copyright or typical law right.

Contracts and deliveries may be suspended in case of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, crime, civil disruption, war, or other force majeure, or other event or cause beyond our control preventing or postponing the execution or efficiency of any agreement, and no obligation will connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

Local Fitness in Ocean Reef

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

We shall be relieved of our liability or duty of efficiency of this contract any place and to the level to which fulfilment of the exact same is prevented, disappointed or impeded as an effect of any statute, guideline, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this stipulation funding declaration, financing change declaration, 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 Client acknowledges and concurs that these terms and conditions make up a security arrangement for the purposes of the PPSA and creates a security interest in all Product that have previously been provided which will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.