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25. If the Seller problems a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer concurs that the problem of the Credit Note is an act of commercial excellent faith by the Seller and not an admission of liability to the Buyer in relation to any of the matters relating to the concern of the Credit Note.

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If the Seller thinks about the Quote includes a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after shipment of the Goods, cancel this agreement without liability to the Purchaser. If the agreement is cancelled after delivery of the Goods, the Purchaser will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller thinks about that the Purchase Rate has been overlooked and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Price and the cost that would have been the Purchase Cost if the mistake had not been made.

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

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If the Item are re-sold, or items manufactured using the Item are sold by the Purchaser, the Buyer shall hold such part of the earnings of any such sale as represents the billing price of the Item offered or used in the manufacture of the Goods sold in a separate recognizable account as the beneficial property of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's home in the Goods is not affected by the fact that the Item become fixtures attached to the facilities of the Purchaser or a 3rd celebration, and if the Seller goes into those premises for the function of reclaiming possession of the goods, and sustains any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Mullaloo Western Australia.

Our liability in regard of any flaw in, or failure of the items provided, or for any loss, injury or damage attributable to such problem or failure, is limited to making great the problem or failure at our own cost. Our warranty period is 12 months from the date of approval of the items, and is only legitimate for problems or failure under appropriate usage and which develop exclusively from faulty style, products or workmanship.

Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser. 32. Other than as supplied in stipulation 35, all reveal and indicated guarantees, assurances and conditions under statute or basic law as to: (a) merchantability, description, quality, suitability or physical fitness of the Goods for any function; or (b) design, assembly, setup, materials or workmanship; or (c) guidance, recommendations, info or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, their usage and application, are specifically 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 emerging out of or in relation to the Product consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, installation, or operation of the Goods; or (c) the recommendations, suggestions, info or services offered by the Seller or the Seller's agents or staff members.

34. If the Product are malfunctioning, the Seller will make great the problem by doing any one of the following at its choice: (a) fixing the Goods; or (b) changing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Cost if it has been Paid.

35. If the Seller is responsible for a breach of a condition or warranty suggested by Division 2 of Part V of the Trade Practices Act 1974 (aside from Section 69) such liability is thus restricted to: (a) the replacement of the Product or supply of equivalent Product, or (b) the repair work of the Product; (c) the payment of the cost of changing the Product or obtaining equivalent Goods; (d) the payment of the expense of having the Item repaired (Gym in Singara ).

36. The Purchaser must not return any Goods which the Buyer claims are not in accordance with the contact or Quote unless the Seller has first given its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and measurements contained in our brochures, cost lists and other advertising matter, are planned simply to provide an indicator of the items described therein and none of these shall form part of the contract unless specifically agreed in writing.

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38. Where our patents, signed up designs or copyright features are embodied in the style of the goods, an imprint to that result may be attached and it needs to not be defaced obliterated or removed from the goods. Unless otherwise concurred we shall be entitled to compose or attach our name or trade plate on the items. Nutritionist in Marangaroo Western Australia.

If the Seller has actually followed a style or guidelines provided by the Purchaser, the Purchaser will indemnify the Seller against all damages, charges, expenses and costs of the Seller emerging from any violation of a patent, hallmark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or direction given by it will not trigger the Seller to infringe any patent, registered design, hallmark, copyright or typical law right.

Contracts and deliveries might be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other incident or trigger beyond our control avoiding or postponing the execution or performance of any agreement, and no responsibility shall connect to us for any default, loss, damage or hold-up due to any of the giving up causes.

No conditions, terms, covenants, warranties and assurances whatsoever on our part whether revealed or suggested will form part of this contract unless specifically stated in these in these conditions of sale or otherwise concurred by us in writing and unless expressly concurred by us in composing no provision for liquidated damages will form part of the agreement.

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This agreement is governed by Australian Law and all lawsuits in relation There to shall be generated the Court of appropriate jurisdiction in Australia. 43 - Personal Trainer in The Vines Western Australia. Unless defined elsewhere it is the buyer's duty to obtain any licenses and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We shall be alleviated of our liability or responsibility of performance of this agreement any place and to the level to which fulfilment of the exact same is prevented, annoyed or hindered as a repercussion of any statute, guideline, regulation, order in council or by-law or requisition order or judgment made there under.

45. 1 In this provision funding declaration, funding modification statement, security contract, and security interest has the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in composing the Consumer acknowledges and agrees that these terms and conditions constitute a security agreement for the functions of the PPSA and develops a security interest in all Product that have previously been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.