Helix Gym in Woodvale Western Australia

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25. If the Seller issues a Credit Note to the Purchaser (whether on demand by the Buyer, by its own volition or otherwise), the Purchaser agrees that the problem of the Credit Note is an act of business good faith by the Seller and not an admission of liability to the Purchaser 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 Quotation contains a mistake, such a miscalculation of the Purchase Price, the Seller may at any time, including after shipment of the Product, cancel this agreement without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Buyer will make the Item available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Price has actually been overlooked and elects not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the difference in between the Purchase Cost and the cost that would have been the Purchase Rate if the mistake had not been made.

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

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If the Product are re-sold, or products produced using the Goods are sold by the Buyer, the Purchaser shall hold such part of the profits of any such sale as represents the invoice rate of the Product offered or utilized in the manufacture of the Item offered in a separate identifiable account as the advantageous residential or commercial property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Product become components connected to the properties of the Purchaser or a 3rd party, and if the Seller gets in those properties for the function of recovering belongings of the items, and incurs any liability to anyone in connection with the entry, the Purchaser indemnifies the Seller against that liability. Group Training in The Vines .

Our liability in respect of any problem in, or failure of the goods provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making great the defect or failure at our own cost. Our guarantee duration is 12 months from the date of acceptance of the products, and is only legitimate for flaws or failure under appropriate usage and which occur solely from malfunctioning design, materials or workmanship.

Without restricting the generality of the forgoing, we shall be under no liability whatsoever for any substantial loss or damage suffered by the purchaser. 32. Other than as supplied in clause 35, all express and indicated service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, suitability or physical fitness of the Item for any purpose; or (b) design, assembly, installation, products or craftsmanship; or (c) suggestions, suggestions, information or services offered by the Seller, its workers, servants or representatives to the Purchaser regarding the Product, their usage and application, are expressly left out.

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The Seller will not be responsible to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Item including loss or damage arising as a result of: (a) the Seller's or the Seller's representatives or employee's negligence; (b) the supply, layout, assembly, setup, or operation of the Item; or (c) the recommendations, recommendations, details or services supplied by the Seller or the Seller's agents or employees.

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

35. If the Seller is liable for a breach of a condition or service 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 Item, or (b) the repair work of the Item; (c) the payment of the cost of replacing the Goods or obtaining comparable Product; (d) the payment of the cost of having the Goods fixed (Gym in Marangaroo WA).

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 offered its (composed) approval to their return. Their return needs to then be with freight and cartage pre-paid by the Purchaser. 37. All descriptions, illustrations, particulars of weights and dimensions included in our brochures, price lists and other marketing matter, are intended merely to give an indicator of the items described therein and none of these will form part of the contract unless particularly agreed in composing.

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38. Where our patents, signed up designs or copyright functions are embodied in the style of the goods, an imprint to that impact might be attached and it needs to not be ruined eliminated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or affix our name or trade plate on the products. Nutritionist in Marangaroo WA.

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

Contracts and shipments may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, mishap, riot, theft, criminal offense, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any contract, and no duty will attach to us for any default, loss, damage or hold-up due to any of the giving up causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to shall be brought in the Court of suitable jurisdiction in Australia. 43 - Personal Trainer in Tapping Western Australia. Unless specified in other places it is the purchaser's responsibility to acquire any authorizations and approvals. Where any expenses are sustained to acquire such approvals these will be to the purchaser's account.

We will be alleviated of our liability or duty of efficiency of this agreement any place and to the level to which fulfilment of the very same is prevented, annoyed or impeded as an effect of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

45. 1 In this stipulation financing declaration, financing change declaration, security agreement, and security interest has the meaning offered to it by the PPSA. 45. 2 Upon assenting to these conditions in composing the Customer acknowledges and agrees that these conditions constitute a security agreement for the functions of the PPSA and produces a security interest in all Product that have actually formerly been provided and that will be provided in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Client.