the payment of the cost of having the goods repaired; the supply of the services again by KPTF; or. 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. 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. In this case, the account may be placed on hold at the sole and unfettered discretion of KPTF. Corymbia ficifolia (Syn. “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. For plant information see photo 3. The purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. 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 period of such warranty shall not in any event, however, exceed the applicable period set out in clause 9(a). Add to Cart. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. 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. A small and very attractive grafted native tree with an attractive leaf and the palest of pink flowers - almost white - in comparison to all other flowing gums available. (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. KPTF shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between KPTF and the purchaser. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. Corymbia ‘Baby Scarlet’ Flowering Gum A highly decorative and fast growing small tree from 3 metres to around 4 metres tall. 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. There is no pruning required as this tree maintains a good shape. 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. It has rough, fibrous bark on the trunk and branches, egg-shaped to broadly lance-shape adult leaves, flower buds in groups of seven, bright red, pink or orange … I planted a beautiful grafted specimen 2 springs ago and it flowered well during its first summer. the purchaser acknowledges that it relies on its own skill and judgment in relation to goods and/or services supplied to it by KPTF; and. 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. 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. If the purchaser produces a product (“the Product”) that utilizes or incorporates any of the goods as a component of the Product, the terms of this clause 11(e) pertaining to title and proceeds apply in the following manner: in the case of goods that can be removed from the Product without destroying or seriously injuring the goods or other components of the Product, the terms of clause 11 apply to the relevant goods without modification except for the references in clause 11(c) and (d) to proceeds, which are to be read as if these references were to the portion of each Product’s proceeds attributable to the value of the incorporated good; in the case of goods that cannot be removed from the Product without destroying or seriously injuring the goods or other components of the Product, the terms of this clause 11 apply subject to the modification that KPTF becomes a co-owner of the Product at the time the relevant goods are incorporated into the Product, and KPTF’s co-ownership share being in the proportion that the value of the goods bears to the value of the other components of the Product. 232-256 Ferntree Gully Road, Notting Hill. 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. 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. 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. 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. Corymbia ficifolia is a spectacular tree with a spreading crown and terminal clusters of bright red to orange flowers during summer. Any drawings or other documents submitted and any information supplied by KPTF to the purchaser remains the property of KPTF and constitutes confidential information of KPTF (to the extent that it is not in the public domain) and the purchaser shall keep all such confidential information confidential and shall not use such drawings, documents and information for any purpose other than that stipulated by KPTF nor provide the same to third parties. The purchaser is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
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