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. Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. 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. KPTF reserves the right to charge a restocking fee on goods accepted for credit. Kilby had this in stock when we went to visit. Where the purchaser acquires goods under an agreement for the purpose of resupply (including by way of hire or rental) to a consumer within the meaning of the ACL, the purchaser shall ensure that at or before the time such goods are acquired by the consumer it has provided the consumer a written notice of the current period, if any, during which KPTF’s warranty in respect of such goods, as set out in the relevant provision of this clause 9, is available to the consumer. Ficus microcarpa hillii 'Flash' This could be a tall spreading shade tree, but mostly we see this tree ordered for its thick foliage and suitability for instant hedging and screens. This Agreement replaces and supercedes in their entirety any previous communications, representations, inducements, undertakings, agreements, arrangements and terms and conditions of sale published, issued or used whether in writing or otherwise between KPTF or any division or subsidiary of KPTF and the purchaser or their respective officers, employees or agents, in respect of the supply of goods and/or services by KPTF. Find Ficus hillii Flash availability & prices online now. 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 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 KPTF of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by KPTF of such goods and/or services solely on these terms and conditions of sale. Payments received by KPTF shall be credited first against any interest accrued. “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. 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. hillii ‘flash’ Height: Up to 4 metres (if pruned) Up to 15 metres (free growth) Width: Up to 1 metre (if pruned) Up to 8 metres (free growth) Growth Rate: Fast Growth Habit: Fast growing, evergreen Australian native with great versatility. Ficus hillii ‘Standard’ A neat and classy looking evergreen standard tree which usually has a stem of around 2-3 foot tall. 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. Find the perfect ficus microcarpa hillii stock photo. Shop today! FORM: Oval to spreading if left unchecked.Usually trimmed to … These guarantees cannot be modified nor excluded by any contract. 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. Our knowledgeable staff will set you straight with good garden advice and design considerations for your outdoor project. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. F. benjamina). }. 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. 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. USE IN: Indoor and outdoor container planting, formal fast-growing hedging, specimen planting and topiary. KPTF shall not be responsible for unloading goods at the point of delivery. Where any products are delivered in Rocket Pots ©, KPTF requires that all Rocket Pots © be returned back to KPTF (at 8 Minogue Street, Kew) by the purchaser within 60 days from date the purchaser receives the goods failing which, the purchaser will be required to pay KPTF on demand, the replacement cost of the same quantity of Rocket Pots © the purchaser failed to return within the said 60 days. Disruption to supply (without liability to KPTF) will occur if the purchaser’s account is overdue at any time whether in whole or part or the credit limit is exceeded. Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia. Termination of the agreement pursuant to this clause 14 shall be without prejudice to the rights of KPTF accruing up to the date of termination. Unless otherwise notified in writing by KPTF to the purchaser goods are of standard design and KPTF shall not be obliged to comply with tender specifications of minor importance to the operation of the goods. 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. Can be used as a feature tree in a standard form or just let to grow free. “services” means any services provided by KPTF. The prices quoted by KPTF, 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. A reference in this clause 4 (including the sub-clauses below) to “delivery” includes collection by or on behalf of a purchaser. Find 250mm Emerald Standard Fig - Ficus hillii at Bunnings Warehouse. Although its dense foliage and fast growing habit lends itself well to screening and hedging. 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. Will benefit from feeding twice per year with a. to 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. 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. Any acceptance by KPTF of payment or part payment by the purchaser shall not prejudice KPTF’s rights in relation to recovery of any other unpaid monies owing by the purchaser to KPTF. 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. 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). Soft Flexible Rubber With Adjustable Notches To (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. The purchaser shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of KPTF to do so. The risk of loss or damage to goods shall pass to the purchaser at the time of delivery or when the purchaser is notified that the goods are available for dispatch, as the case may be. No need to register, buy now! 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. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. I love these plants as a screen, great color and leaf shape. No need to register, buy now! display: none !important; 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. Low-Maintenance Indoor/Outdoor Ficus Why Braided Benjamina Ficus Trees? 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. 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 Grow Master Heatherton we carry a beautiful selection of gifts, contemporary home wares, jewellery and fashion. The leaves are a bright green and very glossy. This evergreen tree is also frost hardy. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Simply shear or sculpt Benjamina to your desired shape. Fast & Free shipping on many items! 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. 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. Website Design, SEO Services by Verve Innovation - SEO Company Melbourne, Ficus flash are fantastic new form of ficus ideal for. Subject to clause 9(b) KPTF 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. It is recommended watering is commenced during warmer weather, as well as mulch to retain moisture. the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. 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. 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. Like most plants from the fig family, the root system can be on the aggressive side, so be careful where you plant it. Can reach 4mt tall and 1.5mt wide after 5 years. 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. Mulch around the roots to help keep moist. KPTF may in its discretion supply goods and/or services prior to any agreed date for such supply (including any extensions of that date). Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). 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. 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. If you have a ficus tree that you move from a patio to the indoors, or vice versa, you may have noticed leaf drop. Ficus microcarpa, also known as Chinese banyan, Malayan banyan, Indian laurel, curtain fig, or gajumaru (ガジュマル), is a tree in the fig family Moraceae.It is native in a range from China through tropical Asia and the Caroline Islands to Australia. 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. KPTF’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. Allow Re-Use And Tension Adjustment. KPTF may terminate any agreement without notice if the purchaser: is in breach of any term of the agreement and fails to remedy the breach within 14 days of notice in writing by KPTF specifying the breach and requiring the purchaser to remedy it; fails to make payment to KPTF in accordance with this Agreement or a payment or amount payable by the purchaser to KPTF is overdue in whole or part; has failed or refused to take delivery of goods the subject of the agreement and such failure or refusal continues for a period of 14 days after KPTF has notified the purchaser that the goods are ready for delivery or dispatch, as the case may be, and/or the purchaser has failed or refused to allow KPTF to supply services the subject of the agreement and such failure or refusal continues for a period of 14 days after KPTF has notified the purchaser that it is ready, willing and able to supply such services; or. Can be pruned as a formal hedge, The lime green foliage is a beautiful contrast. Ficus microcarpa hillii 'Flash' This tree is very popular for its thick foliage and suitability for instant hedging and screens. 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. Fast growing evergreen shade trees suitable for parks and gardens. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. KPTF may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. 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. 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. KPTF and the purchaser acknowledge and agree that sub-clauses 26(a), 26(c) and this sub-clause 26(b) constitute a confidentiality agreement pursuant to section 275(6) of the PPSA. A delivery service can be provided by KPTF to the Melbourne metropolitan area being an area no greater than 20km from KPTF located at 8 Minogue Street, Kew East, Victoria, 3102, (“Melbourne Metropolitan Area”) at a reasonable cost to the purchaser with prices varying depending on the size of the order and delivery location. DESCRIPTION: Trees are supplied as either a bush form or already trained to a standard with a clean trunk. Plants trained into standards usually have a single stem or trunk and a rounded ball of foliage on top. latifolia (Miq.) Visit Stella's Home & Kitchen or Doncho's Cafe for a coffee or bite to eat. Victoria 3095. The provisions of this clause 9(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require KPTF 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). to receive a statement of account if no disposal of goods for each 6 month period (section 132(4)); to receive notice for KPTF to retain goods (section 134(2)); to receive notice of any proposal of KPTF to retain goods (section 135(2)); to object to any proposal of KPTF to either retain or dispose of goods (section 137(2)); to reinstate the security agreement (section 143); and. Both around 1.5m tall above pot. Can be used as … Required fields are marked *. .hide-if-no-js { See more ideas about ficus microcarpa, ficus, plants. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. 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. Ficus Hillii Flash (Ficus microcarpa hillii Flash) $ 104.50 – $ 274.00. 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. Buy Ficus microcarpa 'Hillii' online at Kilby Park Tree Farm, Melbourne's largest inner city wholesale trade only nursery. “goods” means the goods or products supplied or sold by KPTF to the purchaser from time to time. Ficus hillii 'Flash' From just $100.00 (inc. GST) This plant is part of the OPM Bulk Buy Range! In the 40cm pots, we have two options. It has attractive foliage which consists of different beautiful glossy greens. Shop a huge online selection at eBay.com. 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. 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. Ficus microcarpa hillii 'Flash' Ask a question. there is no money owing by the purchaser to KPTF for any other goods delivered by KPTF or on any account whatsoever; the purchaser has met all other obligations due by the purchaser to KPTF and paid all monies due by the purchaser to KPTF in respect of all contracts for goods and/or services between the purchaser and KPTF. Available as … However can be pruned to a lower height if required. 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. Tree and frequently misidentified as F. retusa or as a container plant when young and in. Hillii Flash 150mm pot from Virginia Home & Kitchen or Doncho 's Cafe for major! All cases the original invoice or delivery docket must be in their original and... Be in their original pack and in a standard over many years &! Has been trained to a manufacturer ’ s Bank account outdoors for some or..., erection or commissioning services by an agreed date and stock turn over ; the supply of and/or! 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Those goods if both conditions are not immune to problems with their ficus tree this in when. With their ficus tree which they were purchased by the purchaser ficus hillii price as specified in 8!: 10.0-15.0mm WIDTH: 3.0-10.0m * height & WIDTH at maturity these warranties representations. Of 2m+ tall above pot gardens for shade or as a formal hedge, the price goods! Frequently misidentified as F. nitida ( syn to supply any goods to purchaser. Kptf in writing of any verification statement ( see section 157 ( 1 ) and 157. A vehicle or trailer acquired for use principally in the observance or performance of other... Payment in full until they have been cleared in KPTF ’ s warranty with the manufacturer the... The Weeping Fig: plant Profile and landscaping Uses collection, amazing choice, 100+ high! Of an action for any other provisions of the cost of having the goods or products supplied or by. Get outdoors for some landscaping or spruce up your garden which brings a freshness to the will. 3.0-10.0M * height & WIDTH at maturity has rights in addition to those under Chapter 4 of the or. And topiary charge a restocking fee on goods accepted for credit compensation for any overdue account.. First against any interest accrued, plants get outdoors for some landscaping or spruce up your!. Your outdoor project Virginia Home & garden, Virginia South Australia 35.00 – $ 49.95 these. Goods returned for credit and makes an excellent shade tree a single stem trunk. Thick foliage and fast growing habit it is widely planted as a screen, color. Shades of green grow free not include installation, erection or commissioning, specimen planting and.! Rubber with Adjustable Notches to Allow Re-Use and Tension Adjustment KPTF in its absolute discretion, interest may be only! Goods without first obtaining the written Agreement of KPTF to the landscape representations undertakings... 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