In all cases the original invoice or delivery docket must be quoted and return freight must be prepaid by the purchaser.
The purchaser shall be invoiced at either the time of acceptance by KPTF of an offer or order placed by a purchaser, immediately prior to delivery of goods or supply of services or as KPTF in its sole discretion considers appropriate and, unless contrary arrangements are made in writing whether pursuant to clause 4(c) or otherwise, all invoices issued by KPTF are payable in full together with any other amounts payable under this Agreement on or before delivery by way of cash , visa, mastercard, bankcard and direct deposit .
Any waiver or purported or implied waiver by KPTF of strict compliance with these terms and conditions of sale shall not be deemed a waiver unless it is in writing and signed by an authorised officer of KPTF and shall not prejudice the rights of KPTF in respect of any breach of these terms and conditions of sale to which such waiver does not specifically relate. A stunning medium to large evergreen with a denser canopy than the straight waterhousea, of dark green glossy foliage which turns red before dropping, bearing … 30cm 200Lt . Application of Terms and Conditions. Any purchaser of goods or services from KPTF agrees to release, hold, harmless and indemnify KPTF, its officers, employees, servants, agents contractors, successors, heirs and assigness from and against all liabilities, claims, damages, losses, costs and expenses of whatsoever nature and howsoever occurring including without limitation loss of market, loss of profit, loss of use, loss of production or for any financial or economic loss including indirect or consequential loss or damage which may be suffered by the purchaser or by any third party arising out of or in any way connected with the supply of the goods or the performance of services by KPTF, by reason of breach of these terms and conditions of sale, or of statutory duty or by reason of tort (including but not limited to negligence). Waterhousea floribunda - Weeping Lillypilly. Waterhousia 'Weeping Lilly Pilly' 100L. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. This is a versatile, bushy tree with a wonderful weeping habit making it perfect for large screening projects and the softening of fence lines. conditions: Full sun to part shade in well drained soil, protect from heavy frosts when young. The purchaser shall immediately notify KPTF in writing of any defect in the goods supplied by KPTF. Subject to clause 9(b) KPTF warrants that goods or services supplied by it: will be true to name and of good health at the earlier of the time of collection or on behalf of the purchaser or delivery. The terms of this clause 11 apply subject to the references to the goods in clause 11 being read as references to KPTF’s co-ownership share of the Product. Then discount this price by the laneway percentage eg. The purchaser irrevocably grants to KPTF the right to enter upon the purchaser’s property or premises, without notice, and without being in any way liable to the purchaser or to any third party, if KPTF has cause to exercise any of KPTF’s rights under section 123 and/or 128 of the Act, and the purchaser agrees to indemnify KPTF, its officers, employees, servants, agents contractors, successors, heirs and assigness from any claims made by any third party as a result of KPTF exercising such right. “services” means any services provided by KPTF. For the avoidance of doubt, these terms and conditions of sale do not, and no provision of these terms and conditions of sale will or purports to exclude, restrict or modify or have the effect of excluding, restricting or modifying: the application in relation to the supply of goods and/or services ofany provision of the ACL; the exercise of any right conferred by any such provision, or. Waterhousia floribunda – Weeping Lilly Pilly. ... Waterhousia makes a great specimen tree or large shrub and makes an even better large hedge or fence line screen. Sold Out. Any additions or increases in the cost of the supply of goods and/or services as a result of any additions or increases in charges, taxes (including the rate of GST) or costs associated with manufacture or supply of goods and/or services by KPTF, including without limitation increases due to variations in exchange rates, the cost of materials or labour and/or the cost of conforming with any relevant legislation, court orders, regulations or bylaws, between the date of KPTF’s relevant quotation or tender or, where there is no such quotation or tender, from the date of KPTF’s acceptance of the purchaser’s order, as the case may be, and the date of supply of the relevant goods and/or services shall be borne by the purchaser. It has received value as at the date of first delivery of the goods and has not agreed to postpone the time for attachment of the security interest (as defined in the Act) granted to KPTF under these terms and conditions. Save my name, email, and website in this browser for the next time I comment. Where any products are delivered in Rocket Pots ©, KPTF requires that all Rocket Pots © be returned back to KPTF (at 8 Minogue Street, Kew) by the purchaser within 60 days from date the purchaser receives the goods failing which, the purchaser will be required to pay KPTF on demand, the replacement cost of the same quantity of Rocket Pots © the purchaser failed to return within the said 60 days. The best way to get the price is to scan the QR code to see the price. The prices quoted by KPTF for the supply of goods and/or services excludes goods and services tax (“GST”) and the purchaser must also pay to KPTF an additional amount in respect of the impact of GST on KPTF, calculated by multiplying … The purchaser shall pay interest to KPTF on all monies outstanding from the date that is 30 days after the date of invoice or, for a purchaser who has a line of credit/account with KPTF, 30 days after the date of statement/account issued by KPTF (as the case may be) (“the interest date”) calculated at monthly rests at the rate of the maximum per annum Reference Lending Rate published by the Commonwealth Bank of Australia Limited from time to time on the interest date plus 2%. The total debts owing by the purchaser to KPTF will be reduced by the proceeds of sales for which the purchaser has accounted to KPTF in accordance with this clause 11(d). In the event that legal proceedings are instituted for the recovery of monies held in trust in accordance with this clause, the purchaser irrevocably acknowledges the existence of monies held on trust as described in this Agreement. 8 in stock. Waterhousia floribunda : Common Names: Weeping Lilly Pilly: Foliage Type: Evergreen: Native: Yes: Plant Type: Tree: Plant Habit: Pendulous, Weeping: Typical Availability: High: Description: Evergreen tree with a dense, weeping canopy suitable as a feature tree or for hedging. where the stock purchased does not meet the criteria at 9(i) then on receipt of a claim which must be lodged immediately on delivery of the goods and by no later than one business day after delivery, KPTF will, at their discretion, replace the goods and or refund the purchase price. Where the purchaser acquires goods under an agreement for the purpose of resupply (including by way of hire or rental) to a consumer within the meaning of the ACL, the purchaser shall ensure that at or before the time such goods are acquired by the consumer it has provided the consumer a written notice of the current period, if any, during which KPTF’s warranty in respect of such goods, as set out in the relevant provision of this clause 9, is available to the consumer. KPTF uses and at all times retains ownership of “Rocket Pots ©” air pruning containers which are used to grow a majority of its advanced trees. NOTE: Stock displayed on the website does not necessarily represent what is available due to seasonality and stock turn over. KPTF reserves the right to charge a restocking fee on goods accepted for credit. Waterhousea floribunda ‘DOW20’ Sweeper SWEEPER® is a much denser form, making it the ideal plant for a large screen. In no event shall KPTF incur any liability due to any failure on its part to supply goods/and or services by an agreed date. may give certain information about them to related bodies corporate of KPTF, a credit reporting agency, other credit providers, collecting agencies of legal firms (some being located in foreign countries) in order to obtain a credit report about them or to recover money which is due and payable from them. To the extent that there is any inconsistency existing between any terms and conditions appearing in a purchaser’s order or any other document and these terms and conditions of sale then these terms and conditions shall only apply and the acceptance by a purchaser of the supply by KPTF of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by KPTF of such goods and/or services solely on these terms and conditions of sale. KPTF reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. ... Prices … Waterhousia floribunda. the defect arises from any act, matter or thing beyond the control of KPTF or the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising; the purchaser has in any way modified, serviced or repaired the goods without KPTF’s prior written consent; the purchaser has not complied with any written or oral instructions from KPTF concerning the planting and storing of the goods; or. a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or, a person acquiring Goods at a price not exceeding $40,000; or. Waterhousea floribunda – weeping lilly pilly Waterhousea floribunda – weeping lilly pilly An ornamental medium sized to large rainforest tree which can reach 30 metres in its natural range, smaller in cultivation, so suitable for larger properties, farms and parks, good street tree. Your email address will not be published. All agreements shall be governed by the laws of Victoria and the parties agree to submit to the nonexclusive jurisdiction of the courts of that State and the courts of the Commonwealth of Australia having jurisdiction therein. Sizes available. In addition, any credit card fees or bank charges associated with any payment by the purchaser to KPTF for goods and/or services shall be borne by the purchaser. From just . Lilly Pilly is a really a generic name for a number of species such as Syz igium Australe, Syzygium luehmannii, Waterhousia and Acmena Smithii. Where a delay in supply is caused by any act, matter or thing beyond the control of KPTF, including without limitation a variation requested by the purchaser, the time for supply shall be extended by a period agreed between KPTF and the purchaser or, failing such agreement, by a reasonable period. The purchaser (and each of its individual directors, partners or proprietors) and each person signing as guarantor of the purchaser’s obligations under the credit application (each a “Guarantor”) acknowledges and agrees that KPTF and any related bodies corporate: The purchaser agrees and undertakes to do anything KPTF requires (such as obtaining consents and signing and producing documents) in connection with the registration of this document or any other document on any register established pursuant to the Personal Property Securities Act 2009 (Cth) as amended from time to time (the “PPSA”). The purchaser shall not (nor shall it be entitled to) set off or deduct from any amount payable to KPTF under any agreement, any amounts payable by KPTF to the purchaser under these terms and conditions of sale or any agreement. Plant spacing for hedging - 1.5m apart. Waterhousea floribunda 'Sweeper' $25.00 0 reviews | Write a review. In the event that the purchaser fails to make payment to KPTF in accordance with this Agreement, or if the purchaser is a company which has made an application for and been granted a line of credit with KPTF and commits any breach of the terms of that credit application with KPTF, then KPTF may revoke the right of the purchaser to sell, dispose of, or in any way deal with or use the goods and/or services, and request the purchaser to deliver immediately any goods and/or services in its possession or under its control directly to KPTF or take possession of the goods and/or services from the purchaser in whatever manner it might think fit including but not limited to holding a lien over any item whatsoever of the purchaser’s relating to the goods and/or services provided by KPTF and in the possession from time to time of KPTF at the time of the breach of any term of this Agreement by the purchaser or its termination (without prejudice to any of KPTF other rights or remedies). Value Bundle 5 x Weeping Lilly Pilly Plants Waterhousia. (The information which may be given is covered by s20 of the Privacy Act 1988 (Cth)(the “Privacy Act”) and may include, as relevant, identity particulars and the fact that the purchaser has applied for credit or the Guarantor has offered to act as a guarantor); and, may in assessing whether to grant the purchaser’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider. This Agreement replaces and supercedes in their entirety any previous communications, representations, inducements, undertakings, agreements, arrangements and terms and conditions of sale published, issued or used whether in writing or otherwise between KPTF or any division or subsidiary of KPTF and the purchaser or their respective officers, employees or agents, in respect of the supply of goods and/or services by KPTF. If the purchaser wishes to retain the Rocket Pots © they can be purchased from KPTF for an additional cost which will be provided once written application is made by the purchaser to KPTF. NSW, | VIC | QLD | SA | ACT. Your email address will not be published. For a tall hedge with lots of tecture and colour, Waterhousia floribunda ticks all the boxes. Until ownership of the goods passes, the purchaser must not give KPTF a written demand or allow any other person to give KPTF a written demand requiring KPTF to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the Act. Membership is free for vendors who list their stock with us, while end user membership is free for a limited time to selective users, but strictly trade only.. Read more → about Interplant … 2
Quantity. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. Find 270mm Weeping Lilly Pilly - Waterhousia floribunda at Bunnings Warehouse. KPTF may in its discretion supply goods and/or services prior to any agreed date for such supply (including any extensions of that date). 15%, 30%. KPTF does not guarantee that the supply by it and the use by the purchaser of the goods does not and will not infringe any patent, registered design, trademark or intellectual property rights of any third party whether such rights take the form of letters patent, registered designs, copyright, trade mark rights, or any other similar right. In the event the purchaser neglects or fails to deliver such document(s), the purchaser hereby appoints KPTF to be the purchaser’s lawful attorney for the purpose of executing and registering such document(s). Quantity. the claim for refund is made within 14 days of the invoice date; in the case where the refund relates to a return of goods, the goods must not have been purchases by KPTF specifically to fill a purchaser’s order; the goods must be returned in the original packaging (if applicable): the goods must not have been used or exhibited, in the opinion of a KPTF Manager. A tender or quotation submitted by KPTF may at any time prior to acceptance of an offer by KPTF in respect of the supply of goods and/or services be varied or withdrawn by KPTF. Termination of the agreement pursuant to this clause 14 shall be without prejudice to the rights of KPTF accruing up to the date of termination. Waterhousea floribunda 'ST1' Whisper . The warranty referred to in clause 9(a) does not apply to goods which: are affected by any conditions beyond the control of KPTF including but not limited to watering, soil preparation, drainage, planting and handling procedures, mulching, insect damage, site suitability, climate and weather. Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by KPTF with a quotation or tender or otherwise provided by KPTF to the purchaser, are illustrative and approximate only and do not form part of any agreement entered into between KPTF and the purchaser unless expressly agreed in writing by KPTF. Required fields are marked * }. Where any drawings or other documents submitted by KPTF with or as a part of a quotation or tender are not incorporated into an agreement between KPTF and the party to which such quotation or tender was submitted they shall be returned to KPTF within 7 days of expiry of the quotation or tender or otherwise as reasonably required by KPTF. Quantity: Interplant is a plant finder system primarily for the wholesale nursery trade, with some vendors also allowing limited access to non members.. If at the time of placing an order a purchaser requires KPTF to retain any or all of the goods beyond the Free Holding Period a deposit of 50% of the total invoice value is required at the time of placing the order. <. The purchaser agrees and acknowledges that: The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services. , compact foliage with the manufacturer on the return of Stock information images... 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For shipping our prices vary from your local Diaco ’ s liability in respect of these warranties,,! Produces large clusters of white flowers in summer as a dense, Weeping suitable...