Menu . A delivery service can be provided by THE TREE SHOP to the Melbourne metropolitan area being an area no greater than 50km from THE TREE SHOP located at 373 Canterbury Road, Surry Hills, Victoria, 3127, (“Melbourne Metropolitan Area”) at a reasonable cost to the purchaser with prices varying depending on the size of the order and delivery location. The Blueberry Ash Elaeocarpus reticulatus is a large shrub or small tree which produces lots of sweet smelling bell-shaped pink or white flowers in spring and early summer. Captcha * 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. 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. Technical information.  =  The purchaser indemnifies THE TREE SHOP, its officers, employees, servants, agents contractors, successors, heirs and assigness against any claim, action, damage, loss, liability, cost, expense, outgoing or payment which THE TREE SHOP suffers, incurs or is liable for in respect of THE TREE SHOP’s exercise of its rights under this clause 11. Except as otherwise expressly provided in these conditions and subject to clause 10(d), all statements, representations, provisions, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law or otherwise) relating to any quotations or tenders submitted by THE TREE SHOP, orders accepted by THE TREE SHOP, goods (whether as to their quality or merchantability, fitness for any purpose, correspondence with any description or sample or otherwise) and/or services or their supply, being provisions which might otherwise form part of these terms and conditions of sale or any agreement or be collateral to form part of any agreement that is collateral to these terms and conditions of sale or any agreement, are hereby excluded in their entirety and are of no effect whatsoever. these terms and conditions constitute a security agreement for the purposes of section 20 of the PPSA and that a security interest exists in all goods (and their proceeds) previously supplied by KPTF to the purchaser pursuant to this Agreement and in all future goods (and their proceeds) including commingled goods; where the purchaser is paid in respect of the goods so delivered, the purchaser must, as KPTF’s fiduciary, keep any such proceeds in a separate account and account to KPTF in respect of those proceeds; the purchaser contracts out of and waives its rights under the following provisions of Chapter 4 of the PPSA: receive a notice of intention of removal of accession (section 95); to receive a notice that KPTF decides to enforce its security interest in accordance with land law (section 118); to receive notice on enforcement of security interests in liquid assets (section 120); to receive a notice of enforcement action against liquid assets (section 121(4)); to receive a notice to seize collateral (section 123); to receive notice on enforcement of security interests in liquid assets (section 125); to receive a notice of disposal of goods by KPTF purchasing the goods (section 129); to receive a notice to dispose of goods (section 130); to receive a statement of account following disposal of goods (section 132(2)). Except as required by law, this Agreement and subject to the PPSA, KPTF and the purchaser agree to treat these terms and conditions as confidential. }, 375 Canterbury Road, Surrey Hills, VIC, 3127 AUSTRALIA, 51 Inkeram St,St Kilda, VIC, 3184 AUSTRALIA. Any Agreement may be varied only with KPTF’s prior written consent. In Spring/Summer the tree is a spectacular floral display, covered in masses of pink flowers resembling ballerina skirts. 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. 1 Elaeocarpus Reticulatus Prima Donna $ 9.35 – $ 165.00. A reference in this clause 4 (including the sub-clauses below) to “delivery” includes collection by or on behalf of a purchaser. the payment of the cost of having the services supplied again. We are a TRADE ONLY business that services landscapers. Attractive to butterflies and bees, nectar and seed eating birds. 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. All goods returned for credit must be in their original pack and in a completely resalable condition. 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. Elaeocarpus reticulatus "Prima Donna" COMMON NAME; Blueberry Ash FAMILY; Elaeocarpeaceae ORIGIN; QLD, NSW, VIC, TAS HEIGHT; 8-15mt WIDTH; 3-5mt HABIT; Small tree, narrowly erect, bark is brown sometimes with vertical cracks. Excellent as an ornamental feature tree in medium to larger sized gardens. Flowers spring to early summer with clusters of pale pink ballerina-like flowers hence the name Prima Donna. Elaeocarpus is a genus of about 200 species occurring in Australia and in tropical areas to Australia's north. It produces masses of dainty pale pink and white flowers, followed by bright blue shiny fruit which are bird attracting. Cheque payments will only be accepted if the funds are cleared by KPTF’s bank (three working days) prior to dispatch of the goods. Where the purchaser is a natural person, the purchaser warrants and declares that the credit provided is to be applied wholly or predominantly for business or investment purposes (or for both purposes) and not for personal, domestic or household purposes. Cheque payments will not be considered payment in full until they have been cleared in THE TREE SHOP’s Bank Account. 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. 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. If at the time of placing an order a purchaser requires THE TREE SHOP 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. Elaeocarpus reticulatus . Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. Any purchaser of goods or services from THE TREE SHOP agrees to release, hold, harmless and indemnify THE TREE SHOP, 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 THE TREE SHOP, 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). Elaeocarpus Prima Donna can grow to a mature size of 12m tall by 4m wide. As a feature tree flanking the house, or lined up as a low maintenance screen, this is a lovely tree for classic and modern gardens alike. Elaeocarpus reticulatus 'Prima Donna' - Blueberry Ash. Clusters of tiny white bell flowers followed by blue berries that are highly attractive to numerous native birds. : You are free: to share – to copy, distribute and transmit the work; to remix – to adapt the work; Under the following conditions: attribution  −  If the purchaser wishes to retain the Rocket Pots © they can be purchased from THE TREE SHOP for an additional cost which will be provided once written application is made by the purchaser to THE TREE SHOP. Where any products are delivered in Rocket Pots ©, THE TREE SHOP requires that all Rocket Pots © be returned back to THE TREE SHOP (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 THE TREE SHOP on demand, the replacement cost of the same quantity of Rocket Pots © the purchaser failed to return within the said 60 days. Any Agreement may be varied only with THE TREE SHOP’s prior written consent. 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. 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). Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. The purchaser must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. In late Spring-early summer, masses of blush coloured, bell shaped flowers cove the tree, followed by bright blue fruits. FOLIAGE; Evergreen. these terms and conditions constitute a security agreement for the purposes of section 20 of the PPSA and that a security interest exists in all goods (and their proceeds) previously supplied by THE TREE SHOP to the purchaser pursuant to this Agreement and in all future goods (and their proceeds) including commingled goods; where the purchaser is paid in respect of the goods so delivered, the purchaser must, as THE TREE SHOP’s fiduciary, keep any such proceeds in a separate account and account to THE TREE SHOP in respect of those proceeds; the purchaser contracts out of and waives its rights under the following provisions of Chapter 4 of the PPSA: . Subject to clauses 9(a), 9(b) and 9(c), KPTF shall, where the agreement is for the supply of goods at its option repair or replace defective goods at its own expense but KPTF shall have no liability for the cost of the delivery to KPTF and/or removal of the defective goods nor the cost of re installation of the goods. Any costs incurred by THE TREE SHOP in relation to the engagement of debt recovery agencies for outstanding monies will be charged to and recoverable in full from the purchaser. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by THE TREE SHOP and the corrected tender or quotation shall apply. THE TREE SHOP 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. 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. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. Where any drawings or other documents submitted by THE TREE SHOP with or as a part of a quotation or tender are not incorporated into an agreement between THE TREE SHOP and the party to which such quotation or tender was submitted they shall be returned to THE TREE SHOP within 7 days of expiry of the quotation or tender or otherwise as reasonably required by THE TREE SHOP. 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). Elaeocarpus reticulatus, the blueberry ash, is an endemic tree native to Australia, occurring all along the east coast from Fraser Island, Queensland to Flinders Island, Tasmania. Flowers pale pink "Ballerina dress" shaped clusters of flowers through spring and summer. }. Elaeocarpus Reticulatus Prima Donna $ 9.35 – $ 165.00. .hide-if-no-js { 2018-11-12. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Elaeocarpus reticulatus ‘Prima Donna’ Elaeocarpus reticulatus ‘Prima Donna’ A wonderful small rainforest tree, great as a screening plant in warmer areas. The warranty referred to in clause 9(a) does not apply to goods which: are affected by any conditions beyond the control of THE TREE SHOP including but not limited to watering, soil preparation, drainage, planting and handling procedures, mulching, insect damage, site suitability, climate and weather. is declared bankrupt, resolves to go into liquidation or has a petition for bankruptcy or winding up presented against it or enters into a scheme of arrangement with its creditors or if any liquidator, provisional liquidator, administrator, receiver, receiver and manager or official manager is appointed in respect of the purchaser or if anything analogous occurs in respect of the purchaser. The purchaser must not deal with those goods if both conditions are not met. The purchaser shall provide without cost to THE TREE SHOP every facility for the performance of THE TREE SHOP’s work under the agreement including, without limitation, providing proper foundations to receive the goods the subject of the agreement (in clauses 28 and 29 called “the goods”), adequate cranage, lifting tackle and scaffolding and suitable protection for the goods from the time of delivery until the time of taking over and the proper fencing, lighting and guarding of the goods until the time of taking over. the purchaser expressly and irrevocably authorizes KPTF to enter the premises of the purchaser and remove any goods that are owned by KPTF equal to but not in excess of all monies owing at any given time to KPTF by the purchaser. In the case where the refund relates to a claim for incorrect invoicing, the claim must be accompanied by the original invoice which evidences the incorrect pricing. 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 or shrub often used in narrow spaces or multi planted as hedge. KPTF may in its discretion supply goods and/or services prior to any agreed date for such supply (including any extensions of that date). Some Elaeocarpus produce edible fruits or nuts. Makes an ideal specimen, screen or wind break. using them up or transforming them, in trade or commerce, in the course of a process or production or manufacture or in the course of repairing or treating other goods or fixtures on land. 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 THE TREE SHOP under these terms and conditions. Captcha * The prices quoted by KPTF shall only apply to the specific goods and quantities of goods specified in such quotation or tender or accepted order. The purchaser shall pay interest to THE TREE SHOP 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 THE TREE SHOP, 30 days after the date of statement/account issued by THE TREE SHOP (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%. Application of Terms and Conditions. Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by THE TREE SHOP with a quotation or tender or otherwise provided by THE TREE SHOP to the purchaser, are illustrative and approximate only and do not form part of any agreement entered into between THE TREE SHOP and the purchaser unless expressly agreed in writing by THE TREE SHOP. Elaeocarpus reticulatus 'Prima Donna' DESCRIPTION: Great native rainforest tree, also known as blueberry ash, with beautiful bronze coloured new growth, can grow to 7-8m but rarely in suburban gardens. 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. Where THE TREE SHOP has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. The terms of this clause 11 apply subject to the references to the goods in clause 11 being read as references to THE TREE SHOP’s co-ownership share of the Product.

elaeocarpus reticulatus prima donna

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