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. using them up or transforming them, in trade or commerce, in the course of a process or production or manufacture or in the course of repairing or treating other goods or fixtures on land. may give certain information about them to related bodies corporate of KPTF, a credit reporting agency, other credit providers, collecting agencies of legal firms (some being located in foreign countries) in order to obtain a credit report about them or to recover money which is due and payable from them. 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. 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. Goods specifically ordered by KPTF for the purchaser will not be accepted for credit. Murraya paniculata - Orange jasmine Family Rutaceae . 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. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. As it flowers it creates a wonderful feature hedge that is highly fragrent. Murraya paniculata Min-a-min is one of the most popular dwarf murraya. Cheque payments will not be considered payment in full until they have been cleared in KPTF’s Bank Account. 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. Groundcovers. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. 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. Creamy white fragrant flowers in spring with a second flush in late summer to autumn. 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. MELBOURNE STREET TREES 105 - MURRAYA Murraya paniculata, or "orange jessamine" is a tropical, evergreen plant bearing small, white, highly scented flowers, which is grown as an ornamental tree or hedge. Notwithstanding that the purchaser has possession of the goods, title to the goods remains with KPTF, and no legal or equitable interest or property in the goods whatsoever will pass to the purchaser, until: the full amount for the goods has been paid to KPTF; 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. They are shrubs and trees in the citrus family. Site where the scented flowers can be enjoyed. Where KPTF has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. Home Online shop Plant sourcing Contact Planting About All plants. Any additions or increases in the cost of the supply of goods and/or services as a result of any additions or increases in charges, taxes (including the rate of GST) or costs associated with manufacture or supply of goods and/or services by KPTF, including without limitation increases due to variations in exchange rates, the cost of materials or labour and/or the cost of conforming with any relevant legislation, court orders, regulations or bylaws, between the date of KPTF’s relevant quotation or tender or, where there is no such quotation or tender, from the date of KPTF’s acceptance of the purchaser’s order, as the case may be, and the date of supply of the relevant goods and/or services shall be borne by the purchaser. 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. More Information; Planting Advice: Incorporate planting compost such as Active 8, 50:50 with existing soil at time of planting, and water with Harvest once a week for the first 6 weeks. 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. Buy Murraya Paniculata, Calcutta Kamini - Plant and 6000+ more gardening products online. 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. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). Will grow to 3 meters in height and 2-2.5mt in width. 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. A reference in this clause 4 (including the sub-clauses below) to “delivery” includes collection by or on behalf of a purchaser. 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. | Planting The terms of this clause 11 apply subject to the references to the goods in clause 11 being read as references to KPTF’s co-ownership share of the Product. 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”). 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. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. Cheque payments will only be accepted if the funds are cleared by KPTF’s bank (three working days) prior to dispatch of the goods. With its glossy dark green evergreen foliage this plant is … The warranty referred to in clause 9(a) does not apply to goods which: are affected by any conditions beyond the control of KPTF including but not limited to watering, soil preparation, drainage, planting and handling procedures, mulching, insect damage, site suitability, climate and weather. Max growth: Approx high and 6m wide. Murraya paniculata has fragrant 'orange scented' white flowers from spring through summer, grows well in part shade and is easily trimmed or pruned to make a formal hedge. 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. Murraya paniculata originally came from South East Asia but it has become naturalised in Australia and is now considered an invasive pest in some parts. As previously stated, this gorgeous plant needs minimal water and minimal shaping in comparison to other hedging plants. Coloured foliage. KPTF does not guarantee that the supply by it and the use by the purchaser of the goods does not and will not infringe any patent, registered design, trademark or intellectual property rights of any third party whether such rights take the form of letters patent, registered designs, copyright, trade mark rights, or any other similar right. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. Home Online shop Plant sourcing Contact Planting About All plants. 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. Position: Full sun to part shade Height: 4m to 5m Supplied Height: 130mm approx 20cm tall above the p 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. 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. 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