To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied, or applied, and whether given by KPTF, the manufacturer or a third party) and any obligation of KPTF to repair or replace any goods are void in respect of any goods which the purchaser tampers with or alters. KPTF shall not be responsible for unloading goods at the point of delivery. You must return items in their original packaging and in the same condition as when you received them. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. At the option of KPTF in its absolute discretion, interest may be capitalised monthly. Cheque payments will not be considered payment in full until they have been cleared in KPTF’s Bank Account. Goods specifically ordered by KPTF for the purchaser will not be accepted for credit. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. Following its submission of a quotation or tender or its acceptance of an order KPTF shall not be required to comply with any additional standards, specifications, rules or other requirements whatsoever whether proposed by the purchaser or otherwise and if any such additional standards, specifications, rules or other requirements are proposed to apply to such quotation or tender or order KPTF reserves the right to decline to proceed with the quotation or tender or fill the order, vary the quotation or tender or order, or adjust the price of the goods and/or services the subject of the quotation or tender or order, in its sole discretion. It measures 40 feet high, with a trunk circumference of 243 inches and a crown spread of 58 feet. 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. there is no money owing by the purchaser to KPTF for any other goods delivered by KPTF or on any account whatsoever; the purchaser has met all other obligations due by the purchaser to KPTF and paid all monies due by the purchaser to KPTF in respect of all contracts for goods and/or services between the purchaser and KPTF. KPTF may terminate any agreement without notice if the purchaser: is in breach of any term of the agreement and fails to remedy the breach within 14 days of notice in writing by KPTF specifying the breach and requiring the purchaser to remedy it; fails to make payment to KPTF in accordance with this Agreement or a payment or amount payable by the purchaser to KPTF is overdue in whole or part; has failed or refused to take delivery of goods the subject of the agreement and such failure or refusal continues for a period of 14 days after KPTF has notified the purchaser that the goods are ready for delivery or dispatch, as the case may be, and/or the purchaser has failed or refused to allow KPTF to supply services the subject of the agreement and such failure or refusal continues for a period of 14 days after KPTF has notified the purchaser that it is ready, willing and able to supply such services; or. the purchaser must hold the assigned proceeds on trust for KPTF and separate from its own monies, and must account to KPTF for those proceeds. Add to Cart. If you don't follow our. In all cases the final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the KPTF Manager or Director. - eBay Money Back Guarantee - opens in new window or tab, Robina, Gold Coast, Queensland, Australia, This amount includes applicable customs duties, taxes, brokerage and other fees. These include selected forms of C.ficifolia and hybrids involving C.ficifolia. Grown as small to medium shade trees, but more for the brilliant flowers these have become an iconic Australian Flowering tree to rival the Wattle. called Eucalyptus ‘Mini Orange; and a 6-7 metre version called ‘Orange Splendour’. 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. Corymbia ficifolia "Baby Orange" Baby Orange is a small and compact version of the Southern West Australian flowering gum. In this Agreement, unless the context requires otherwise: “GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax. KPTF is authorised to make all enquiries about the purchaser in relation to their application for credit and their continued request for credit from time to time. Over the summer months it is covered with striking orange flowers, providing a feast for nectar loving birds. KPTF’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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”). Ph: (03) 9581 7100. COVID-19 Update to Customers Customers can shop with us in-store or online with our Click & Deliver or Drive & Collect services. 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). The beautiful flowers are bird attracting bringing nature to you. Captcha * Corner Fairchild Street & Warrigal Road, Moorabbin. The flowers really are almost fluorescent, you would have seen them around, there is a 2 metre form (really?!) H: 3-4m. KPTF’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. 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 information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Privacy Act to obtain or receive.). Bird attracting bright red flowers from December to March, and the grafting guarantees flower colour. “the purchaser” means any person or persons, company or business entity to whom KPTF sells or supplies, or proposes to sell or supply, goods or services. The purchaser shall permit KPTF such access to the site as KPTF requires to perform its work under the agreement and shall take all reasonable measures to avoid interference with the work of KPTF including, without limitation, coordinating KPTF’s work with that of others on the site. 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. The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give the purchaser other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. A reference in this clause 4 (including the sub-clauses below) to “delivery” includes collection by or on behalf of a purchaser. Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia. Where KPTF has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. Ph: (03) 9518 4400. = When two of the three Silver Princess were lost in recent high winds, Josh decided to replace them with red flowering gums - Corymbia ficifolia 'Baby Crimson'. Neither KPTF or the purchaser will disclose, send or make available any of the information referred to in section 275(1) of the PPSA to any person except as required by law, these terms and conditions and subject to the PPSA. Compact growing with red flowers appearing from Spring through to Summer. 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)).
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