Evolution Mma in Joondalup WA

Evolution Mma in Ocean Reef WA

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

Gym in Darch WA

If the Seller considers the Quotation includes an error, such a miscalculation of the Purchase Price, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after shipment of the Item, the Purchaser will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller thinks about that the Purchase Cost has been overestimated and elects not the cancel the contract, the Purchaser will pay to the Seller, as needed, the distinction between the Purchase Rate 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 completely paid: (a) legal ownership of the Product; (b) to get in the Purchaser's premises (or the properties of any associated Company or representative where the Product are situated) 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.

Gym in Carramar WA

If the Product are re-sold, or items made using the Product are sold by the Buyer, the Purchaser will hold such part of the profits of any such sale as represents the billing cost of the Item sold or used in the manufacture of the Goods sold in a separate recognizable account as the helpful residential or commercial property of the Seller and will pay such amount to the Seller upon request.

30. The Seller's home in the Item is not affected by the fact that the Goods become fixtures attached to the premises of the Buyer or a 3rd party, and if the Seller goes into those properties for the purpose of recovering ownership of the products, and incurs any liability to any person in connection with the entry, the Buyer indemnifies the Seller versus that liability. Nutritionist in Ellenbrook .

Our liability in respect of any problem in, or failure of the goods supplied, or for any loss, injury or damage attributable to such problem or failure, is restricted to making excellent 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 flaws or failure under correct usage and which occur solely from malfunctioning style, materials or craftsmanship.

Without limiting 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 reveal and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or fitness of the Product for any function; or (b) design, assembly, installation, products or workmanship; or (c) advice, recommendations, information or services provided by the Seller, its employees, servants or agents to the Buyer relating to the Product, their use and application, are specifically excluded.

Hive Gym in Mullaloo

The Seller will not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Item including loss or damage developing as a result of: (a) the Seller's or the Seller's representatives or staff member's carelessness; (b) the supply, layout, assembly, setup, or operation of the Goods; or (c) the suggestions, recommendations, information or services provided by the Seller or the Seller's agents or staff members.

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

35. If the Seller is liable for a breach of a condition or warranty suggested by Department 2 of Part V of the Trade Practices Act 1974 (besides Section 69) such liability is hereby limited to: (a) the replacement of the Item or supply of equivalent Item, or (b) the repair of the Item; (c) the payment of the cost of changing the Item or acquiring equivalent Item; (d) the payment of the expense of having the Product repaired (Personal Trainer in Edgewater WA).

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

Local Fitness in Woodvale Western Australia

38. Where our patents, registered styles or copyright functions are embodied in the style of the goods, an imprint to that effect may be affixed and it must not be ruined obliterated or removed from the products. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the items. Group Training in Pearsall .

If the Seller has actually followed a design or guidelines provided by the Purchaser, the Purchaser shall indemnify the Seller against all damages, charges, costs and costs of the Seller occurring from any infringement of a patent, hallmark, registered design, copyright or typical law right. The Purchaser on its part warrants that any design or guideline offered by it will not trigger the Seller to infringe any patent, signed up style, hallmark, copyright or common law right.

Agreements and shipments may be suspended in the occasion of any strike, lock out, trade disagreement, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or delaying the execution or performance of any contract, and no obligation will connect to us for any default, loss, damage or hold-up due to any of the passing up causes.

No conditions, terms, covenants, guarantees and assurances whatsoever on our part whether revealed or implied will form part of this agreement unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless specifically concurred by us in composing no arrangement for liquidated damages will form part of the contract.

Heave Strength in Greenwood Western Australia

This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia. 43 - Personal Training in Wangara . Unless specified elsewhere it is the purchaser's duty to acquire any licenses and approvals. Where any costs are incurred to acquire such approvals these will be to the buyer's account.

We shall be eased of our liability or responsibility of efficiency of this contract wherever and to the level to which fulfilment of the exact same is avoided, frustrated or impeded as a repercussion of any statute, rule, policy, order in council or by-law or requisition order or judgment made there under.

45. 1 In this stipulation financing statement, funding change declaration, security contract, and security interest has the meaning provided to it by the PPSA. 45. 2 Upon assenting to these conditions in writing the Consumer acknowledges and concurs that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been provided which will be provided in the future by FLEX FITNESS EQUIPMENT to the Consumer.