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Hive Gym in Padbury Western Australia

Published May 10, 23
7 min read

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25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser concurs that the problem of the Credit Note is an act of commercial excellent 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.

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If the Seller considers the Quote consists of a mistake, such a miscalculation of the Purchase Price, the Seller might at any time, consisting of after delivery of the Item, cancel this contract without liability to the Buyer. If the contract is cancelled after delivery of the Item, the Purchaser will make the Item available for collection by the Seller when needed by the Seller.

If the Seller considers that the Purchase Cost has actually been miscalculated and chooses not the cancel the contract, the Purchaser will pay to the Seller, as needed, the difference between the Purchase Rate and the price that would have been the Purchase Rate if the mistake 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 completely paid: (a) legal ownership of the Product; (b) to enter the Purchaser's premises (or the facilities of any associated Company or agent where the Goods lie) without liability for trespass or any resulting damage and to acquire the Item; and (c) to keep or resell any Goods repossessed pursuant to (b) above.

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If the Product are re-sold, or items made using the Item are sold by the Purchaser, the Purchaser shall hold such part of the profits of any such sale as represents the billing cost of the Item sold or utilized in the manufacture of the Product offered in a different recognizable account as the useful property of the Seller and will pay such total up to the Seller upon demand.

30. The Seller's property in the Product is not impacted by the fact that the Item end up being components connected to the premises of the Purchaser or a 3rd celebration, and if the Seller enters those premises for the purpose of recovering possession of the products, and incurs any liability to anybody in connection with the entry, the Buyer indemnifies the Seller against that liability. Personal Training in Woodvale .

Our liability in regard of any defect in, or failure of the products provided, or for any loss, injury or damage attributable to such defect or failure, is limited to making excellent the flaw or failure at our own cost. Our warranty duration is 12 months from the date of approval of the products, and is only valid for defects or failure under proper usage and which develop solely from faulty style, materials 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. Other than as offered in provision 35, all express and implied warranties, warranties and conditions under statute or general law as to: (a) merchantability, description, quality, viability or physical fitness of the Item for any function; or (b) design, assembly, installation, products or workmanship; or (c) suggestions, suggestions, information or services provided 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 accountable to the Buyer for physical or monetary injury, loss or damage or consequential loss or damage of any kind occurring out of or in relation to the Product including loss or damage emerging as an outcome of: (a) the Seller's or the Seller's agents or worker's neglect; (b) the supply, layout, assembly, installation, or operation of the Item; or (c) the suggestions, suggestions, information or services supplied by the Seller or the Seller's agents or employees.

34. If the Product are faulty, the Seller will make great the flaw by doing any among the following at its alternative: (a) repairing the Goods; or (b) replacing the Item; or (c) taking the goods back and crediting the Buyer with the Purchase Cost if it has 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 restricted to: (a) the replacement of the Item or supply of comparable Item, or (b) the repair of the Goods; (c) the payment of the expense of changing the Goods or acquiring comparable Item; (d) the payment of the expense of having the Product fixed (Gym in Pearsall ).

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 actually initially provided its (written) approval to their return. Their return should then be with freight and cartage pre-paid by the Buyer. 37. All descriptions, illustrations, particulars of weights and measurements consisted of in our catalogues, catalog and other advertising matter, are meant merely to offer an indicator of the products explained therein and none of these shall form part of the agreement unless specifically agreed in writing.

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38. Where our patents, registered styles or copyright functions are embodied in the design of the products, an imprint to that impact may be affixed and it must not be defaced obliterated or eliminated from the products. Unless otherwise concurred we shall be entitled to write or affix our name or trade plate on the goods. Personal Trainer in Woodvale .

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

Contracts and deliveries might be suspended in case of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, criminal offense, civil disruption, war, or other force majeure, or other event or trigger beyond our control preventing or postponing the execution or efficiency of any contract, and no responsibility will attach to us for any default, loss, damage or hold-up due to any of the forgoing causes.

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

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This agreement is governed by Australian Law and all litigation in relation There to will be generated the Court of suitable jurisdiction in Australia. 43 - Group Training in Edgewater Western Australia. Unless specified elsewhere it is the buyer's duty to get any licenses and approvals. Where any expenses are incurred to get such approvals these will be to the purchaser's account.

We will be eliminated of our liability or obligation of performance of this agreement anywhere and to the level to which fulfilment of the exact same is avoided, disappointed or hindered as a repercussion of any statute, guideline, 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 the meaning given to it by the PPSA. 45. 2 Upon assenting to these terms in writing the Client acknowledges and concurs that these terms constitute a security contract for the functions of the PPSA and produces a security interest in all Goods that have previously been supplied and that will be provided in the future by FLEX FITNESS EQUIPMENT to the Client.

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