The purchaser shall immediately notify THE TREE SHOP in writing of any defect in the goods supplied by THE TREE SHOP. To the extent that any conflict exists between these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) and any other documentation or correspondence forming part of any agreement these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) shall be paramount and prevail. In Spring/Summer the tree is a spectacular floral display, covered in masses of pink flowers resembling ballerina skirts. Multi-tones foliage, spring flowers and a narrow habit, Elaeocarpus reticulatus has something to offer every garden. Elaeocarpus reticulatus is an endemic Australian species, occurring all along the east coast from Fraser Island, Queensland down to Flinders Island, Tasmania. In the event the purchaser neglects or fails to deliver such document(s), the purchaser hereby appoints THE TREE SHOP to be the purchaser’s lawful attorney for the purpose of executing and registering such document(s). The purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Jun 2, 2015 - Elaeocarpus reticulatus 'Prima Donna' tm - Blueberry Ash Small Tree: 4 to 8 metres Columnar Shape Unless otherwise agreed, where the purchaser has nominated in writing an address to THE TREE SHOP (“the nominated address”), THE TREE SHOP shall deliver the goods to the nominated address. If the purchaser requires a different means, route or procedure, the cost of delivery shall be borne by the purchaser notwithstanding any other provision of these terms and conditions of sale. (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. 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. Elaeocarpus reticulatus ‘Prima Donna’ One of our favourite trees for informal screening, this pink flowered variety of Blue Berry Ash is a versatile and colourful Evergreen Trees Melbourne. 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. The United Nations Convention on Agreements for the International Sale of Goods (“the Vienna Convention”) shall not apply to any agreement entered into between KPTF and the purchaser. 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. Elaeocarpus reticulatus ‘Prima Donna’ One of our favourite trees for informal screening, this pink flowered variety of Blue Berry Ash is a versatile and colourful Evergreen Trees Melbourne. 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. 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. 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. In the event that the purchaser fails to make payment to THE TREE SHOP 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 THE TREE SHOP and commits any breach of the terms of that credit application with THE TREE SHOP, then THE TREE SHOP 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 THE TREE SHOP 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 THE TREE SHOP and in the possession from time to time of THE TREE SHOP at the time of the breach of any term of this Agreement by the purchaser or its termination (without prejudice to any of THE TREE SHOP other rights or remedies). Elaeocarpus Reticulatus Prima Donna. KPTF shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between KPTF and the purchaser. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). Makes an ideal specimen, screen or wind break. Elaeocarpus is a lovely shaped tree and looses its shape when topped, if you are wanting to keep them as a lower hedge you will need to start formatively pruning them … The total debts owing by the purchaser to THE TREE SHOP will be reduced by the proceeds of sales for which the purchaser has accounted to THE TREE SHOP in accordance with this clause 11(d). Elaeocarpus reticulatus . Discount Policy. no event as specified in clause 14(a) has occurred. The smell is a little like aniseed or liquorice. the defect arises from any act, matter or thing beyond the control of THE TREE SHOP 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 THE TREE SHOP’s prior written consent; the purchaser has not complied with any written or oral instructions from THE TREE SHOP concerning the planting and storing of the goods; or. 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. THE TREE SHOP may terminate any agreement without notice if the purchaser: . Actual product may vary due to pot size, availability and season. Payment is not deemed to have occurred until funds have cleared in THE TREE SHOP’s account. The purchaser shall immediately notify KPTF in writing of any defect in the goods supplied by KPTF. Actual product may vary due to pot size, availability and season. The provisions of this clause 9(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require THE TREE SHOP 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). FOLIAGE; Evergreen. To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied, or applied, and whether given by THE TREE SHOP, the manufacturer or a third party) and any obligation of THE TREE SHOP to repair or replace any goods are void in respect of any goods which the purchaser tampers with or alters. Nov 11, 2019 - ELAEOCARPUS reticulatus Prima Donna (Blueberry Ash) - Australian Native Tree – Emaho Trees Add to cart. In no event shall THE TREE SHOP incur any liability due to any failure on its part to supply goods/and or services by an agreed date. Notwithstanding any other provision of these terms and conditions of sale or otherwise, the goods shall be deemed to have been delivered and taken over by the purchaser at the conclusion of the delivery (which includes but is not limited to collection by or on behalf of a purchaser). 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. The balance of the total invoice price and any other amounts due under this clause (excluding any deposit and/or holding fee which are payable in accordance with clauses 5(k)(ii) and/or 5(k)(iii)), is payable in accordance with clause 4. Elaeocarpus 'Prima Donna' is a wonderful small rainforest tree with a neat and tidy column shape. The low maintenance evergreen has a nice, slender and column shape growing habit. Attributes The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 11(c): the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by KPTF promptly upon request; and. The evergreen foliage immerges in coppery tones which fades through lime green to a darker blue green with waxy, ash like coating. KPTF’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. Elaeocarpus Reticulatus Prima Donna $ 9.35 – $ 165.00. 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 drawings or other documents submitted and any information supplied by THE TREE SHOP to the purchaser remains the property of THE TREE SHOP and constitutes confidential information of THE TREE SHOP (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 THE TREE SHOP nor provide the same to third parties. KPTF shall not be responsible for unloading goods at the point of delivery. KPTF may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. Described as either a small tree or tall shrub, this evergreen species grows between 3-15m tall and 3-5m wide. 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. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Share These might be just what I need for along my back fence - providing greenery to look at, plus shade, but not blocking the path we're putting in. KPTF may supply goods and/or services in instalments and these terms and conditions of sale shall apply to each supply of goods and/or services by instalments as if each instalment constituted supply under a separate agreement and in particular the purchaser shall pay KPTF for each instalment of goods and/or services so supplied irrespective of any failure or delay in the supply of any other instalment of goods and/or services. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaser. Elaeocarpus Reticulatus "Blueberry Ash" Blueberry Ash is an Australian native small evergreen tree that usually grows to about 7 metres in height. three Elaeocarpus Reticulatus Prima Donna. In late Spring-early summer, masses of blush coloured, bell shaped flowers cove the tree, followed by bright blue fruits. there is no money owing by the purchaser to THE TREE SHOP for any other goods delivered by THE TREE SHOP or on any account whatsoever; the purchaser has met all other obligations due by the purchaser to THE TREE SHOP and paid all monies due by the purchaser to THE TREE SHOP in respect of all contracts for goods and/or services between the purchaser and THE TREE SHOP. This is a popular, fast growing plant that has been in cultivation for well of 70 years. This is a versatile small native tree, producing finer, glossy green foliage with a denser growth habit than straight Elaeocarpus reticulatus. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. 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. 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 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. The party named below further acknowledges that they have read and understood the contents of the document contain herein, the Terms and Conditions for the Sale of Goods and/or Services. All liability of THE TREE SHOP shall cease at the end of the warranty period as stated in clause 9(a) and no claim shall be made against THE TREE SHOP after that date. It's fruit and it's flowers often appear on the plant together making for something quite remarkable. 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. Elaeocarpus reticulatus ‘Prima Donna’ Elaeocarpus reticulatus ‘Prima Donna’ A wonderful small rainforest tree, great as a screening plant in warmer areas. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. I planted my first Elaeocarpus reticulatus plant over twenty years ago in my garden in the northern Sydney suburb of Westleigh and have found it to be a hardy plant. Your email address will not be published. Sizes estimated at 10 years, and may vary depending on growing conditions. Elaeocarpus reticulatus ‘Prima Donna’ Multi-tones foliage, spring flowers and a narrow habit, Elaeocarpus reticulatus has something to offer every garden. The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services. 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. .hide-if-no-js { Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia. Elaeocarpus reticulatus 'Prima Donna' Elaeocarpus reticulatus 'Prima Donna' Blueberry Ash. two Hardy. 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 KPTF, orders accepted by KPTF, 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. Makes an ideal specimen, screen or wind break. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license. THE TREE SHOP’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. These guarantees cannot be modified nor excluded by any contract. . any liability of THE TREE SHOP for bfreach of a condition or warranty implied by any such provision. All goods returned for credit must be in their original pack and in a completely resalable condition. Elaeocarpus Prima Donna can grow to a mature size of 12m tall by 4m wide. (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.). The purchaser must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty. Goods may only be returned for credit upon the written agreement of KPTF.  −  Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. The prices quoted by THE TREE SHOP, in the price list, for the supply of goods excludes, as appropriate but subject to the other provisions of this clause 3, the cost of transport to the agreed place of delivery and maintenance costs. Captcha * 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%. Elaeocarpus Prima Donna 45L ; Images are for reference purposes only. Save my name, email, and website in this browser for the next time I comment. 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. Subject only to clauses 6, 8 and 9(c) and notwithstanding any other provision of this or any agreement or otherwise, if any liability on the part of THE TREE SHOP arises to or in favour of the purchaser (whether in contract, tort or otherwise) for any loss, damage, harm or injury arising out of or in any way connected with the supply of or failure in the provision of or the purported supply of goods and/or services by THE TREE SHOP – THE TREE SHOPs liability for all such loss, damage, harm or injury in all and any circumstances shall be limited in aggregate to the payment by THE TREE SHOP of a sum not exceeding 5% of the monies payable to THE TREE SHOP pursuant to the relevant agreement under which the goods and/or services were supplied. 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. This is a plant that should be growing in everyone’s garden! 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 THE TREE SHOP 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 THE TREE SHOP Manager. 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. 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. 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. Your email address will not be published. Elaeocarpus Green Dream PBR is a selection of the common Elaeocarpus Blueberry Ash. Elaeocarpus is a genus of about 200 species occurring in Australia and in tropical areas to Australia's north. 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. 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. THE TREE SHOP shall use all reasonable endeavors to comply with all relevant legislation, court orders, requirements or bylaws having application to the manufacture, delivery and/or supply of goods or services by it. Elaeocarpus reticulatus - ‘Green Dream’ is a small evergreen tree, native to Australia, is PBR registered and is a new selection of the common-Elaeocarpus reticulatus or Blueberry Ash rainforest tree. 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. Scientific Name: Elaeocarpus reticulatus . Height: 8-15m; Width: 3-5m. notwithstanding any provision of this Agreement to the contrary and notwithstanding that any period of credit previously granted by THE TREE SHOP may not have expired, all amounts payable to THE TREE SHOP in respect of any goods and/or services supplied by it to the purchaser shall be immediately due and payable; and, THE TREE SHOP shall, after taking into account payments made by the purchaser to THE TREE SHOP, be entitled to be paid by the purchaser for work done and expenditure made under the agreement up to and including the date of termination; and, the purchaser shall be liable for and shall pay to THE TREE SHOP on demand any direct and indirect loss suffered by THE TREE SHOP including without limitation THE TREE SHOP’s loss of profit on the agreement and all costs and expenses incurred or charged to THE TREE SHOP (in the case of legal costs on a full indemnity basis) in relation to the termination and any prior breach and in exercising any rights and remedies as a consequence of the termination and any prior breach including but not limited to costs and expenses as a result of attempts and/or actual recovery of any overdue amount or interest (including costs charged by any mercantile collection agency on lodgment of an overdue account); and. 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 THE TREE SHOP becomes a co-owner of the Product at the time the relevant goods are incorporated into the Product, and THE TREE SHOP’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. 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. 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. Elaeocarpus is a genus of about 200 species occurring in Australia and in tropical areas to Australia's north. KPTF shall be under no liability for any unsuitability for any purpose of the goods irrespective of any knowledge which it may possess as to the purpose for which the goods were required by the purchaser unless that purpose has been specifically notified to KPTF in writing prior to the formation of the relevant agreement. 1 Elaeocarpus reticulatus 45L ; Images are for reference purposes only. Elaeocarpus reticulatus Pink flowered form (top) and fruit (bottom) Photos: Brian Walters Elaeocarpus reticulatus is a tall shrub or small tree which can reach 10-15 metres in height but is usually much smaller in gardens. Save my name, email, and website in this browser for the next time I comment. Scientific name: Elaeocarpus reticulatus Common name: Blueberry Ash Aliases: 'Prima Donna' Date planted. 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. It has a narrow habit, and grows to 9 metres tall and 3 metres wide, and responds well if it needs to be pruned to shape. Payments received by KPTF shall be credited first against any interest accrued. 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. 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. Blueberry Ash (Elaeocarpus reticulatus) is a fabulous Australian rainforest tree that is very adaptable and grows naturally from Queensland right down to Tasmania.It looks great in many different garden styles including cottage, seaside, formal or native and can be grown as a feature tree, screen or just in a large pot on a balcony. KPTF reserves the right to refuse to supply goods and/or services under an agreement if a purchaser is in default of any of its payment obligations under any one or more Agreements. 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. All financial and other information provided by the purchaser to THE TREE SHOP must be fully accurate and up to date and the purchaser acknowledges confirms and agrees that THE TREE SHOP will rely upon all information provided to it. Responsibility and liability for the goods ends for THE TREE SHOP when goods are received and accepted by the purchaser. 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. Application of Terms and Conditions. Required fields are marked *. Add to cart. Technical information. All financial and other information provided by the purchaser to KPTF must be fully accurate and up to date and the purchaser acknowledges confirms and agrees that KPTF will rely upon all information provided to it. 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: . These guarantees cannot be modified nor excluded by any contract. At the option of THE TREE SHOP in its absolute discretion, interest may be capitalised monthly. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. There are 30-40 species in Australia. 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). The balance of the total invoice price and any other amounts due under this clause (excluding any deposit and/or holding fee which are payable in accordance with clauses 5(k)(ii) and/or 5(k)(iii)), is payable in accordance with clause 4. Comments: Evergreen Australian native that is a wide spread species growing from Fraser Isalnd to Tasmania. Any purchaser who is a corporation agrees that its directors and or shareholders may, at THE TREE SHOP’s unfettered discretion, be required to guarantee the purchase of any goods and/or services from THE TREE SHOP and agrees to provide such a guarantee if the purchaser executes the relevant application for credit form used by THE TREE SHOP from time to time. 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 THE TREE SHOP, THE TREE SHOP 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 such a course is permitted by law, the warranty referred to in clause 9(c) will not apply where: the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising; KPTF’s ability to supply services is adversely affected by: the purchaser is in default in the observance or performance of any provision of the Agreement to which such services relate. 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. Where KPTF is permitted under the ACL to limit its liability for breach of a condition or warranty that is implied by the ACL, KPTF’s liability shall be limited at KPTF’s sole discretion to: the replacement of the goods or the supply of equivalent goods; or, the payment of the cost of replacing the goods or of acquiring equivalent goods; or. The smell is a little like aniseed or liquorice. notwithstanding any provision of this Agreement to the contrary and notwithstanding that any period of credit previously granted by KPTF may not have expired, all amounts payable to KPTF in respect of any goods and/or services supplied by it to the purchaser shall be immediately due and payable; and, KPTF shall, after taking into account payments made by the purchaser to KPTF, be entitled to be paid by the purchaser for work done and expenditure made under the agreement up to and including the date of termination; and, the purchaser shall be liable for and shall pay to KPTF on demand any direct and indirect loss suffered by KPTF including without limitation KPTF’s loss of profit on the agreement and all costs and expenses incurred or charged to KPTF (in the case of legal costs on a full indemnity basis) in relation to the termination and any prior breach and in exercising any rights and remedies as a consequence of the termination and any prior breach including but not limited to costs and expenses as a result of attempts and/or actual recovery of any overdue amount or interest (including costs charged by any mercantile collection agency on lodgment of an overdue account); and. Call Us Today: 0427445142 | ABN: 29 020 873 897. Subject to clause 9(e), KPTF warrants that any services supplied by it shall be provided with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied. The Blueberry Ash also takes well to pruning and can be used as a screening plant or hedge. 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 price by the prevailing GST rate. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning. APNI* Description: Shrub or small tree. My Account + Services; Gallery; FAQ; Contact the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. (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.). Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Disruption to supply (without liability to THE TREE SHOP) will occur if the purchaser’s account is overdue at any time whether in whole or part or the credit limit is exceeded. 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. Other common names include: ash quandong, blue olive berry, fringe tree, lily of the valley tree, scrub ash, fairy Petticoats, koda, and perhaps even prima donna. In all cases the original invoice or delivery docket must be quoted and return freight must be prepaid by the purchaser. To the extent that any conflict exists between these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) and any other documentation or correspondence forming part of any agreement these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) shall be paramount and prevail. Rainforest Trees Native & Ornamentals > Rainforest Trees > Understorey Plants > Blueberry Ash - Prima Donna. the purchaser expressly and irrevocably authorizes THE TREE SHOP to enter the premises of the purchaser and remove any goods that are owned by THE TREE SHOP equal to but not in excess of all monies owing at any given time to THE TREE SHOP by the purchaser. : You are free: to share – to copy, distribute and transmit the work; to remix – to adapt the work; Under the following conditions: attribution Home; About; Shop. Subject to clause 9(b) THE TREE SHOP 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. These terms and conditions of sale apply to and govern all tenders and quotations submitted by, all orders placed with, and all contracts entered into by. Elaeocarpus reticulatus Blueberry Ash Description A useful evergreen native tree for small yards in areas of part shade. 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. At the expiration of the Free Holding Period the following amounts are payable: Goods will not be held beyond one day after the expiry of the Free Holding Period unless a 50%deposit has been received by KPTF on or before the close of business on the day after the expiry of the Free Holding Period. Rainforest Trees Native & Ornamentals > Rainforest Trees > Understorey Plants > Blueberry Ash - Prima Donna. Its brilliant blue berries take quite a long time to ripen with some hanging on the branches until the next flowering season. One of our favourite trees for informal screening, this pink flowered variety of Blue Berry Ash is a versatile and colourful Evergreen Trees Melbourne. Subject only to clauses 6, 8 and 9(c) and notwithstanding any other provision of this or any agreement or otherwise, if any liability on the part of KPTF arises to or in favour of the purchaser (whether in contract, tort or otherwise) for any loss, damage, harm or injury arising out of or in any way connected with the supply of or failure in the provision of or the purported supply of goods and/or services by KPTF – KPTFs liability for all such loss, damage, harm or injury in all and any circumstances shall be limited in aggregate to the payment by KPTF of a sum not exceeding 5% of the monies payable to KPTF pursuant to the relevant agreement under which the goods and/or services were supplied. We are a TRADE ONLY business that services landscapers. Unless expressly stated in a quotation or tender the price of goods and/or services does not include training of the purchaser’s employees, servants or agents by KPTF. Actual product may vary due to pot size, availability and season. The Purchaser acknowledges and warrants that the person signing this Agreement on behalf of the purchaser has full power and authority to sign this Agreement on behalf of the purchaser and is duly authorized to do so. 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. THE TREE SHOP uses and at all times retains ownership of “Rocket Pots ©” air pruning containers which are used to grow a majority of its advanced trees. 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. The common name is Blueberry Ash, because it produces many small bright blue berries about one centimetre in diameter after flowering. Root system is regarded as non – invasive and the Blueberry Ash will grow in poorer soils. Elaeocarpus reticulatus 'Prima Donna' - Blueberry Ash. Your email address will not be published. If the goods are not delivered or collected by or on behalf of the purchaser prior to the expiry of the said 3 months, the order shall be deemed cancelled and the goods deemed abandoned by the purchaser. to receive a statement of account if no disposal of goods for each 6 month period (section 132(4)); to receive notice for THE TREE SHOP to retain goods (section 134(2)); to receive notice of any proposal of THE TREE SHOP to retain goods (section 135(2)); to object to any proposal of THE TREE SHOP to either retain or dispose of goods (section 137(2)); to reinstate the security agreement (section 143); and. 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). Elaeocarpus reticulatus 'Green Dream' PBR - blue quandong, blueberry ashDESCRIPTION: Native small tree or hedging plant with long slender tapering green leaves and dense foliage. 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. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). The evergreen foliage immerges in coppery tones which fades through lime green to a darker blue green with waxy, ash like coating. Any dispute between the purchaser and THE TREE SHOP arising out of or in any way connected with an agreement which is not resolved by the purchaser and THE TREE SHOP 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 THE TREE SHOP and the purchaser or, failing such agreement, to the nominee of THE TREE SHOP, who shall act as an independent expert and not as an arbitrator and the experts written determination is final and binding on the parties. Subject to clause 9(e), THE TREE SHOP warrants that any services supplied by it shall be provided with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied. “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. any liability of KPTF for bfreach of a condition or warranty implied by any such provision. Unless otherwise agreed, where the purchaser has nominated in writing an address to KPTF (“the nominated address”), KPTF shall deliver the goods to the nominated address. All goods returned for credit must be in their original pack and in a completely resalable condition. THE TREE SHOP may supply goods and/or services in instalments and these terms and conditions of sale shall apply to each supply of goods and/or services by instalments as if each instalment constituted supply under a separate agreement and in particular the purchaser shall pay THE TREE SHOP for each instalment of goods and/or services so supplied irrespective of any failure or delay in the supply of any other instalment of goods and/or services. 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 THE TREE SHOP of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by THE TREE SHOP of such goods and/or services solely on these terms and conditions of sale. It produces masses of dainty pale pink and white flowers, followed by bright blue shiny fruit which are bird attracting. 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. APNI* Description: Shrub or small tree. The purchaser shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of THE TREE SHOP to do so. Until title and property in the goods passes: the purchaser must hold the goods as bailee for THE TREE SHOP, mark the goods or store them separately and keep all necessary records so that the goods can at all times be identified and distinguished as the property of THE TREE SHOP, and refrain from mixing or intermingling the goods with any goods owned by the purchaser or by any other person; the purchaser acknowledges that a fiduciary relationship exists between the purchaser and THE TREE SHOP whereby, subject to the provisions of this clause, the purchaser holds the goods and/or service and/or any other proceeds, rights and claims to the goods and/or services, or any new product created by the purchaser using the goods and/or services, in a fiduciary capacity for THE TREE SHOP. Until title and property in the goods passes: the purchaser must hold the goods as bailee for KPTF, mark the goods or store them separately and keep all necessary records so that the goods can at all times be identified and distinguished as the property of KPTF, and refrain from mixing or intermingling the goods with any goods owned by the purchaser or by any other person; the purchaser acknowledges that a fiduciary relationship exists between the purchaser and KPTF whereby, subject to the provisions of this clause, the purchaser holds the goods and/or service and/or any other proceeds, rights and claims to the goods and/or services, or any new product created by the purchaser using the goods and/or services, in a fiduciary capacity for KPTF. It is a versatile small native tree, that has finer, glossy green foliage with a denser growth habit. Elaeocarpus reticulatus 'Prima Donna' Click to enlarge: Tree Type: Native: Tree Use: Screening, Specimen: Size: Quantity: Description; Sizing Chart; Delivery Information; Mature Height: 4-9m. Where title and property in any particular goods has not passed, the purchaser may nevertheless dispose of those goods to a bona fide sub-purchaser (“sub-purchaser”) provided that: such disposals are in the ordinary course of the purchaser’s business; and. (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. Where KPTF has confirmed in writing that payment on or before delivery in accordance with clause 4(a) is not required for particular orders, then unless otherwise agreed in writing, all such orders, where applicable, shall be due and payable within 30 days of the date of invoice issued for those orders, or as KPTF in its sole discretion considers appropriate. Termination of the agreement pursuant to this clause 14 shall be without prejudice to the rights of THE TREE SHOP accruing up to the date of termination. 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)). the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Leaves 1-foliolate, lamina oblong-elliptic, mostly 5–13 cm long, sometimes to 15 cm long, 1–3 cm wide, ± glabrous, margins regularly toothed; small domatia present; venation prominently reticulate on both surfaces; petiole 5–20 mm long. The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 11(c): the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by THE TREE SHOP promptly upon request; and. Application of Terms and Conditions. Technical information. Any purchaser who is a corporation agrees that its directors and or shareholders may, at KPTF’s unfettered discretion, be required to guarantee the purchase of any goods and/or services from KPTF and agrees to provide such a guarantee if the purchaser executes the relevant application for credit form used by KPTF from time to time. The evergreen foliage immerges in coppery tones which fades through lime green to a darker blue green with waxy, ash like coating. Your email address will not be published. Categories: Australian native, Tree. Where a delay in supply is caused by any act, matter or thing beyond the control of THE TREE SHOP, including without limitation a variation requested by the purchaser, the time for supply shall be extended by a period agreed between THE TREE SHOP and the purchaser or, failing such agreement, by a reasonable period. Any Agreement may be varied only with KPTF’s prior written consent. THE TREE SHOP 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. 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. 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. 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). }. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. Where goods are to be delivered to a nominated address THE TREE SHOP shall be deemed to have delivered the goods in accordance with the contract if it obtains a receipt or signed delivery docket for the goods from any person at that address. It is agreed that by the disposal of such goods, the purchaser assigns to THE TREE SHOP (the assignment being absolute and not by way of security) all monetary proceeds received by or on behalf of the purchaser in respect of the goods.