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Helix Gym in Carramar Western Australia

Published Jun 02, 23
7 min read

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25. If the Seller concerns a Credit Note to the Buyer (whether on demand by the Purchaser, by its own volition or otherwise), the Purchaser concurs 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 issue of the Credit Note.

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If the Seller considers the Quotation consists of a mistake, such a miscalculation of the Purchase Cost, the Seller may at any time, consisting of after shipment of the Goods, cancel this contract without liability to the Purchaser. If the agreement is cancelled after delivery of the Item, the Buyer will make the Item readily available for collection by the Seller when required by the Seller.

If the Seller considers that the Purchase Rate has been miscalculated and chooses not the cancel the agreement, the Purchaser will pay to the Seller, on demand, the distinction between the Purchase Rate and the rate that would have been the Purchase Rate if the error had actually 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 completely paid: (a) legal ownership of the Item; (b) to go into the Purchaser's premises (or the premises of any associated Company or representative where the Goods are situated) without liability for trespass or any resulting damage and to acquire the Product; and (c) to keep or resell any Product repossessed pursuant to (b) above.

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If the Goods are re-sold, or products produced using the Item are offered by the Purchaser, the Buyer will hold such part of the profits of any such sale as represents the billing price of the Goods offered or utilized in the manufacture of the Item sold in a different identifiable account as the helpful home of the Seller and shall pay such total up to the Seller upon request.

30. The Seller's residential or commercial property in the Goods is not impacted by the truth that the Item end up being components connected to the premises of the Purchaser or a 3rd party, and if the Seller goes into those premises for the function of recovering ownership of the items, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller versus that liability. Gym in The Vines Western Australia.

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 restricted to making great the problem or failure at our own expense. Our warranty period is 12 months from the date of acceptance of the products, and is just legitimate for defects or failure under appropriate usage and which arise exclusively from defective 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 buyer. 32. Other than as supplied in clause 35, all express and suggested service warranties, assurances and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Product for any function; or (b) design, assembly, setup, materials or craftsmanship; or (c) guidance, suggestions, details or services supplied by the Seller, its staff members, servants or representatives to the Buyer concerning the Goods, their use and application, are specifically omitted.

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The Seller shall not be liable to the Buyer for physical or monetary 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 arising as an outcome of: (a) the Seller's or the Seller's representatives or staff member's neglect; (b) the supply, layout, assembly, setup, or operation of the Product; or (c) the suggestions, recommendations, info or services supplied by the Seller or the Seller's agents or workers.

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

35. If the Seller is responsible for a breach of a condition or warranty implied by Department 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such liability is hereby limited to: (a) the replacement of the Goods or supply of equivalent Goods, or (b) the repair work of the Item; (c) the payment of the expense of changing the Goods or obtaining equivalent Goods; (d) the payment of the expense of having actually the Item fixed (Personal Training in Mullaloo ).

36. The Purchaser needs to not return any Product which the Buyer claims are not in accordance with the contact or Quotation unless the Seller has first offered its (composed) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, details of weights and dimensions contained in our brochures, cost lists and other advertising matter, are planned merely to offer an indication of the products 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 functions are embodied in the style of the products, an imprint to that effect may be attached and it needs to not be ruined obliterated or eliminated from the products. Unless otherwise concurred we will be entitled to compose or attach our name or trade plate on the items. Group Training in Woodvale WA.

If the Seller has actually followed a style or instructions offered by the Purchaser, the Purchaser will indemnify the Seller against all damages, penalties, costs and costs of the Seller arising from any infringement of a patent, trademark, registered style, copyright or typical law right. The Purchaser on its part warrants that any style or guideline given by it will not trigger the Seller to infringe any patent, signed up style, trademark, copyright or typical law right.

Contracts and shipments may be suspended in the occasion of any strike, lock out, trade conflict, fire, tempest, breakdown, accident, riot, theft, criminal activity, civil disruption, war, or other force majeure, or other occurrence or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no duty shall attach to us for any default, loss, damage or hold-up due to any of the passing up causes.

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

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This agreement is governed by Australian Law and all lawsuits in relation There to will be brought in the Court of appropriate jurisdiction in Australia. 43 - Group Training in Mullaloo Western Australia. Unless specified elsewhere it is the buyer's obligation to acquire any permits and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be alleviated of our liability or obligation of performance of this contract anywhere and to the level to which fulfilment of the same is prevented, disappointed or prevented as a consequence of any statute, rule, guideline, order in council or by-law or appropriation order or judgment made there under.

45. 1 In this clause financing statement, financing modification statement, security arrangement, and security interest has actually the significance given to it by the PPSA. 45. 2 Upon assenting to these terms and conditions in writing the Customer acknowledges and concurs that these terms and conditions make up a security agreement for the functions of the PPSA and creates a security interest in all Product that have previously been provided and that will be supplied in the future by FLEX PHYSICAL FITNESS EQUIPMENT to the Customer.

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