KPTF’s only liability for any such loss or damage shall be, in its sole discretion, to replace or repair goods lost or damaged or pay for such goods to be replaced or repaired. Any drawings or other documents submitted and any information supplied by KPTF to the purchaser remains the property of KPTF and constitutes confidential information of KPTF (to the extent that it is not in the public domain) and the purchaser shall keep all such confidential information confidential and shall not use such drawings, documents and information for any purpose other than that stipulated by KPTF nor provide the same to third parties. No warranty is given in respect of plant growth or description. 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. Any dispute between the purchaser and KPTF arising out of or in any way connected with an agreement which is not resolved by the purchaser and KPTF within 14 days of a notice by either party to the other advising that it is a notice pursuant to this clause 21 shall be referred for determination to a person agreed between KPTF and the purchaser or, failing such agreement, to the nominee of KPTF, who shall act as an independent expert and not as an arbitrator and the experts written determination is final and binding on the parties. Wholesale Corymbia ficifolia and dwarf cultivars. For further information on these, see Corymbia Cultivars. Should KPTF be delayed, hindered, or otherwise prevented from complying with the terms of this Agreement by reason of events or circumstances beyond the reasonable control of KPTF including but not limited to Acts of God, wars, riots, acts of terrorism, strikes, lockouts, trade disputes or labour disturbances, breakdown of plant or machinery, accident, storm, fire, flood, difficulties in obtaining materials, transport or labour or any other circumstances affecting the supply of goods or services, then KPTF shall not be liable to the purchaser for any loss or damage which may be suffered by the purchaser whether as a direct or indirect result of any such occurrences. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by KPTF and the corrected tender or quotation shall apply. If an order is cancelled the deposit and maintenance fee is non-refundable as this covers losses including but not limited to the cost of lost business due to an inability to supply other purchasers. Seller assumes all responsibility for this listing. 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. Tree Characteristics. We are a TRADE ONLY business that services landscapers. to receive a statement of account if no disposal of goods for each 6 month period (section 132(4)); to receive notice for KPTF to retain goods (section 134(2)); to receive notice of any proposal of KPTF to retain goods (section 135(2)); to object to any proposal of KPTF to either retain or dispose of goods (section 137(2)); to reinstate the security agreement (section 143); and. the payment of the cost of having the services supplied again. Water and feed well while establishing and prune after flowering to maintain a bushy habit. It has large glossy dark green leaves with a light green reverse with reddish new foliage during the warmer months of the year. At the option of KPTF in its absolute discretion, interest may be capitalised monthly. The provisions of this clause 9(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require KPTF to repair or replace goods, or offer a refund in relation to goods, in circumstances other than those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods). Small and punchy, Corymbia ficifolia ‘Baby Orange’ delivers year-round interest with little fuss. If the purchaser requires the goods to be provided in any other manner the cost of the packing shall be the responsibility of the purchaser. If a nominated address is unattended or if delivery cannot otherwise be effected or the goods cannot be dispatched due to any act, matter or thing beyond the control of KPTF, KPTF in its sole discretion may store the goods at the purchaser’s risk and expense or take such other steps as it considers appropriate. 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. Corymbia ficifolia (Eucalyptus ficifolia) – one of Western Australia’s best, with red, orange, white or pink flowers and a rounded canopy to 9m tall, thrives in low humidity, however the following Summer Series hybrids have been developed for gardens across to Sydney and up to Brisbane. Corymbi a ficifolia is a flowering evergreen Australian Native tree available in dwarf varieties or cultivars that is used widely in street plantings as well in the home garden. 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. itsalovelydayforshopping has no other items for sale. 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. Eucalyptus ficifolia) Family: Myrtaceae Origin: South Coastal Western Australia Native to a very small area of south coastal Western Australia, the aesthetics of the red flowering gum have made it one of the most widely planted landscape and garden trees around the world in subtropical and tropical areas. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning. 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 . The purchaser must not deal with those goods if both conditions are not met. If the purchaser produces a product (“the Product”) that utilizes or incorporates any of the goods as a component of the Product, the terms of this clause 11(e) pertaining to title and proceeds apply in the following manner: in the case of goods that can be removed from the Product without destroying or seriously injuring the goods or other components of the Product, the terms of clause 11 apply to the relevant goods without modification except for the references in clause 11(c) and (d) to proceeds, which are to be read as if these references were to the portion of each Product’s proceeds attributable to the value of the incorporated good; in the case of goods that cannot be removed from the Product without destroying or seriously injuring the goods or other components of the Product, the terms of this clause 11 apply subject to the modification that KPTF becomes a co-owner of the Product at the time the relevant goods are incorporated into the Product, and KPTF’s co-ownership share being in the proportion that the value of the goods bears to the value of the other components of the Product. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. “services” means any services provided by KPTF. 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). Please tell us how you felt shopping at Bunnings Mentone. Ph: (03) 8540 9500. The purchaser shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of KPTF to do so. 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. Any order or offer made by any purchaser shall not be binding on KPTF until accepted by KPTF in writing (which includes but is not limited to the issuing of an invoice by KPTF) or in such manner as KPTF in its sole discretion determines. This is my store Keysborough. Notting Hill. A compact and tough Australian native with brilliant flowers in summertime. Without limiting clause 8(d), where KPTF sells goods to the purchaser, and the purchaser purchases them as a consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods.
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