Personal Training in Sorrento

Hive Gym in Warwick

25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the issue of the Credit Note is an act of business excellent 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.

Gym in henley Brook Western Australia

If the Seller considers the Quote contains a mistake, such a mistake of the Purchase Price, the Seller may at any time, consisting of after delivery of the Goods, cancel this agreement without liability to the Buyer. If the contract is cancelled after shipment of the Goods, the Buyer will make the Goods available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has been overestimated and elects not the cancel the agreement, the Buyer will pay to the Seller, on demand, the difference between the Purchase Cost and the rate that would have been the Purchase Price if the error had 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 totally paid: (a) legal ownership of the Goods; (b) to go into the Buyer's premises (or the premises of any associated Company or agent where the Product are located) without liability for trespass or any resulting damage and to seize the Goods; and (c) to keep or resell any Item repossessed pursuant to (b) above.

Personal Trainer in Padbury Western Australia

If the Product are re-sold, or items manufactured utilizing the Goods are offered by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the Product offered or used in the manufacture of the Product offered in a different identifiable account as the helpful residential or commercial property of the Seller and will pay such quantity to the Seller upon request.

30. The Seller's property in the Goods is not affected by the reality that the Item become fixtures connected to the facilities of the Buyer or a 3rd party, and if the Seller goes into those premises for the purpose of recovering ownership of the items, and sustains any liability to anyone in connection with the entry, the Buyer indemnifies the Seller versus that liability. Personal Training in Warwick WA.

Our liability in respect of any defect in, or failure of the products 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 expense. Our assurance duration is 12 months from the date of approval of the goods, and is just valid for defects or failure under proper usage and which emerge solely from defective style, materials or craftsmanship.

Without restricting the generality of the forgoing, we will be under no liability whatsoever for any consequential loss or damage suffered by the buyer. 32. Other than as supplied in clause 35, all express and implied guarantees, guarantees and conditions under statute or basic law regarding: (a) merchantability, description, quality, viability or physical fitness of the Item for any purpose; or (b) design, assembly, setup, products or workmanship; or (c) suggestions, recommendations, details or services provided by the Seller, its employees, servants or agents to the Buyer concerning the Product, their usage and application, are specifically excluded.

Hive Gym in Pearsall

The Seller will not be accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods consisting of loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or employee's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, suggestions, details or services offered by the Seller or the Seller's representatives or staff members.

34. If the Item are malfunctioning, the Seller shall make great the flaw by doing any one of the following at its option: (a) repairing the Product; or (b) replacing the Item; or (c) taking the goods back and crediting the Purchaser with the Purchase Rate if it has actually been Paid.

35. If the Seller is accountable for a breach of a condition or guarantee indicated by Department 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 Item or supply of equivalent Item, or (b) the repair work of the Goods; (c) the payment of the expense of changing the Goods or getting equivalent Item; (d) the payment of the cost of having the Item fixed (Personal Trainer in Greenwood ).

36. The Buyer should not return any Product which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its (composed) 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 dimensions included in our catalogues, catalog and other advertising matter, are planned merely to provide an indicator of the items described therein and none of these will form part of the agreement unless specifically agreed in writing.

Hive Gym in henley Brook Western Australia

38. Where our patents, signed up styles or copyright features are embodied in the style of the items, an imprint to that result may be attached and it must not be defaced wiped out or gotten rid of from the items. Unless otherwise agreed we shall be entitled to compose or attach our name or trade plate on the goods. Nutritionist in Sorrento .

If the Seller has actually followed a design or directions provided by the Purchaser, the Purchaser will indemnify the Seller versus all damages, penalties, costs and expenses of the Seller occurring from any violation of a patent, trademark, signed up design, copyright or typical law right. The Buyer on its part warrants that any style or guideline offered by it will not trigger the Seller to infringe any patent, registered design, trademark, copyright or typical law right.

Agreements and deliveries might be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control avoiding or postponing the execution or efficiency of any agreement, and no obligation shall 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 assurances 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 writing and unless specifically agreed by us in writing no arrangement for liquidated damages will form part of the agreement.

Group Training in Ellenbrook

This contract is governed by Australian Law and all litigation in relation There to shall be generated the Court of proper jurisdiction in Australia. 43 - Nutritionist in Pearsall Western Australia. Unless specified somewhere else it is the purchaser's obligation to acquire any licenses and approvals. Where any costs are sustained to acquire such approvals these will be to the purchaser's account.

We will be eased of our liability or responsibility of efficiency of this agreement any place and to the level to which fulfilment of the exact same is avoided, annoyed or impeded as a consequence of any statute, rule, regulation, order in council or by-law or appropriation order or judgment made there under.

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