Gym in Padbury

Group Training in Tapping

25. If the Seller issues a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Buyer agrees that the problem of the Credit Note is an act of industrial good 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.

Hive Gym in Lansdale WA

If the Seller considers the Quote includes a mistake, such a mistake of the Purchase Rate, the Seller may at any time, including after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Goods available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Cost has actually been overestimated and chooses not the cancel the agreement, the Buyer will pay to the Seller, on need, the distinction between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had actually not been made.

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

Group Training in Padbury

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

30. The Seller's home in the Product is not affected by the fact that the Goods become components attached to the properties of the Purchaser or a third celebration, and if the Seller gets in those premises for the purpose of recovering belongings of the goods, and sustains any liability to anybody in connection with the entry, the Purchaser indemnifies the Seller versus that liability. Nutritionist in Warwick .

Our liability in regard of any problem 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 expense. Our guarantee period is 12 months from the date of acceptance of the products, and is just legitimate for flaws or failure under appropriate use and which emerge solely from defective style, products 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 purchaser. 32. Except as offered in provision 35, all express and suggested warranties, 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, materials or workmanship; or (c) recommendations, suggestions, info or services provided by the Seller, its staff members, servants or agents to the Buyer relating to the Product, their use and application, are specifically omitted.

Personal Trainer in Warwick

The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or substantial loss or damage of any kind occurring out of or in relation to the Product including loss or damage occurring as a result of: (a) the Seller's or the Seller's agents or staff member's negligence; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the recommendations, suggestions, info or services provided by the Seller or the Seller's representatives or employees.

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

35. If the Seller is liable 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 limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair of the Goods; (c) the payment of the expense of changing the Product or getting comparable Item; (d) the payment of the expense of having the Item fixed (Personal Trainer in Hillarys ).

36. The Purchaser should not return any Product which the Purchaser 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, catalog and other marketing matter, are intended merely to offer an indicator of the goods described therein and none of these will form part of the agreement unless specifically agreed in writing.

Evolution Mma in Hillarys WA

38. Where our patents, signed up styles or copyright functions are embodied in the style of the items, an imprint to that result might be affixed and it should not be ruined eliminated or eliminated from the items. Unless otherwise agreed we will be entitled to write or attach our name or trade plate on the items. Group Training in Greenwood .

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

Agreements and deliveries may be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, crime, civil disturbance, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or performance of any contract, and no duty shall connect to us for any default, loss, damage or delay due to any of the forgoing causes.

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

Hive Gym in Ocean Reef

This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Mullaloo . Unless specified somewhere else it is the buyer's responsibility to get any authorizations and approvals. Where any expenses are incurred to acquire such approvals these will be to the purchaser's account.

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

45. 1 In this clause funding declaration, financing modification statement, security agreement, and security interest has actually the significance offered to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Consumer acknowledges and agrees that these terms constitute a security contract for the purposes of the PPSA and develops a security interest in all Goods that have previously been supplied which will be provided in the future by FLEX PHYSICAL FITNESS Devices to the Client.