KPTF may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. Visit your local store for the widest range of garden products. 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)). Save my name, email, and website in this browser for the next time I comment. Any purchaser wishing to trade with KPTF on any form of credit must fully read and agree to the terms of this Agreement, and complete the application for credit form used by KPTF from time to time in a true and accurate way and return it to KPTF. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. 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. The purchaser must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty. Can be grown outdoor as a feature plant. 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. 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. It is agreed that by the disposal of such goods, the purchaser assigns to KPTF (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. =
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. Ficus trees are low-maintenance plants, but they are not immune to problems. Ficus microcarpa hillii Flash. Get outdoors for some landscaping or spruce up your garden! 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 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. 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. 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. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. However can be pruned to a lower height if required. fifteen
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. Plants were a bit small from online plants, however there advice was great, and the ficus have grown on quickly, with no losses and now look great. 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. metropolitan and regional areas. All liability of KPTF shall cease at the end of the warranty period as stated in clause 9(a) and no claim shall be made against KPTF after that date. Call 03 9859 9190. KPTF 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. 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. “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 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%. Allow Re-Use And Tension Adjustment. 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. F. benjamina). Ficus microcarpa hillii 'Flash' Ask a question. Ficus flash are fantastic new form of ficus ideal for screening or hedging in bayside areas. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. The 50cm pots, offering trees of 2m+ tall above pot, are looking fantastic, with thick, dense growth. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). Low-Maintenance Indoor/Outdoor Ficus Why Braided Benjamina Ficus Trees? 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. Regular pruning will help it maintain an excellent, bushy, dense shape. 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.
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