Your email address will not be published. Add to think list   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. HEIGHT: 8.0m WIDTH: 6.0m *height & width at maturity. The purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it. 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. 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 THE TREE SHOP on or before the close of business on the day after the expiry of the Free Holding Period. the payment of the cost of having the goods repaired; the supply of the services again by THE TREE SHOP; or. The purchaser shall be invoiced at either the time of acceptance by THE TREE SHOP of an offer or order placed by a purchaser, immediately prior to delivery of goods or supply of services or as THE TREE SHOP in its sole discretion considers appropriate and, unless contrary arrangements are made in writing whether pursuant to clause 4(c) or otherwise, all invoices issued by THE TREE SHOP are payable in full together with any other amounts payable under this Agreement on or before delivery by way of cash , visa, mastercard, bankcard and direct deposit . 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. }, 375 Canterbury Road, Surrey Hills, VIC, 3127 AUSTRALIA, 51 Inkeram St,St Kilda, VIC, 3184 AUSTRALIA. It is essential that there is a point of contact at the delivery site which must be communicated to THE TREE SHOP at least 24 hours prior to the driver’s arrival. 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. 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. 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. 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. No warranty is given in respect of plant growth or description. 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. 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. 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. Subject to clauses 9(a), 9(b) and 9(c), THE TREE SHOP shall, where the agreement is for the supply of goods at its option repair or replace defective goods at its own expense but THE TREE SHOP shall have no liability for the cost of the delivery to THE TREE SHOP and/or removal of the defective goods nor the cost of re installation of the goods. In all cases the final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the THE TREE SHOP Manager or Director. Written notification of a request for credit must be received by THE TREE SHOP management within 7 days of delivery of the goods to the purchaser. At the option of THE TREE SHOP in its absolute discretion, interest may be capitalised monthly. In this case, the account may be placed on hold at the sole and unfettered discretion of THE TREE SHOP. (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. Any evidence of use and the goods must be accompanied by the original THE TREE SHOP invoice under which they were purchased by the purchaser. 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. 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 The “The Tree Shop Pty Limited”   ACN 134 851 764 (“. 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. 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). This is a great choice for creating a hedge on stilts effect, or allow to grow to its full potential for an elegant tree with understated charms. 63 The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. The purchaser irrevocably grants to THE TREE SHOP the right to enter upon the purchaser’s property or premises, without notice, and without being in any way liable to the purchaser or to any third party, if THE TREE SHOP has cause to exercise any of THE TREE SHOP’s rights under section 123 and/or 128 of the Act, and the purchaser agrees to indemnify THE TREE SHOP, its officers, employees, servants, agents contractors, successors, heirs and assigness from any claims made by any third party as a result of THE TREE SHOP exercising such right. 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, THE TREE SHOP will, at their discretion, replace the goods and or refund the purchase price. Click here for more, Manettia luteorubra/Braxillian Firecracker. Captcha * The goods shall be warranted by THE TREE SHOP only to the extent that they are warranted by the supplier or manufacturer of them and THE TREE SHOP is able to pass on the benefit of such warranty to the purchaser. 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).