elaeocarpus reticulatus prima donna

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. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. Elaeocarpus reticulatus Pink flowered form (top) and fruit (bottom) Photos: Brian Walters Elaeocarpus reticulatus is a tall shrub or small tree which can reach 10-15 metres in height but is usually much smaller in gardens. Scientific Name: Elaeocarpus reticulatus Plant Family: Elaeocarpaceae . KPTF shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between KPTF and the purchaser. Add to cart. These guarantees cannot be modified nor excluded by any contract. Elaeocarpus reticulatus ‘Prima Donna’ One of our favourite trees for informal screening, this pink flowered variety of Blue Berry Ash is a versatile and colourful Evergreen Trees Melbourne. Actual product may vary due to pot size, availability and season. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. 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. Some Elaeocarpus produce edible fruits or nuts. Should THE TREE SHOP 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 THE TREE SHOP 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 THE TREE SHOP 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. 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. Elaeocarpus reticulatus - ‘Green Dream’ is a small evergreen tree, native to Australia, is PBR registered and is a new selection of the common-Elaeocarpus reticulatus or Blueberry Ash rainforest tree. Columnar in habit, the new growth of the Elaeocarpus is touched with copper, fading through lime green to a rich darker green, that develops a silvery powder like coating, hence the name. Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by THE TREE SHOP with a quotation or tender or otherwise provided by THE TREE SHOP to the purchaser, are illustrative and approximate only and do not form part of any agreement entered into between THE TREE SHOP and the purchaser unless expressly agreed in writing by THE TREE SHOP. Any Agreement may be varied only with THE TREE SHOP’s prior written consent. Elaeocarpus reticulatus 'Prima Donna' Search for suppliers Other names: Blueberry Ash, Ash Quandong, Blue Olive Berry, Fairy Petticoats, Fringe Tree, Koda, Lily Of The Valley Tree, Scrub Ash, Quandong. 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. KPTF reserves the right to charge a restocking fee on goods accepted for credit. Application of Terms and Conditions. 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. Elaeocarpus reticulatus is naturally found in a wide range of environments, from moist gullies through to rocky ridge outcrops and sandy coastal scrubs. 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. Root system is regarded as non – invasive and the Blueberry Ash will grow in poorer soils. Nov 11, 2019 - ELAEOCARPUS reticulatus Prima Donna (Blueberry Ash) - Australian Native Tree – Emaho Trees Any purchaser who is a corporation agrees that its directors and or shareholders may, at THE TREE SHOP’s unfettered discretion, be required to guarantee the purchase of any goods and/or services from THE TREE SHOP and agrees to provide such a guarantee if the purchaser executes the relevant application for credit form used by THE TREE SHOP from time to time. Dense foliage and good response to pruning make this a versatile landscaping tree. All goods returned for credit must be in their original pack and in a completely resalable condition. 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. Cheque payments will only be accepted if the funds are cleared by THE TREE SHOP’s bank (three working days) prior to dispatch of the goods. Without limiting clause 8(d), where THE TREE SHOP 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. The purchaser shall permit THE TREE SHOP such access to the site as THE TREE SHOP requires to perform its work under the agreement and shall take all reasonable measures to avoid interference with the work of THE TREE SHOP including, without limitation, coordinating THE TREE SHOP’s work with that of others on the site. Any costs incurred by KPTF in relation to the engagement of debt recovery agencies for outstanding monies will be charged to and recoverable in full from the purchaser. 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. Clusters of tiny white bell flowers followed by blue berries that are highly attractive to numerous native birds. Elaeocarpus will grow to about 3m wide but they do taper. Some Elaeocarpus produce edible fruits or nuts. Discount Policy. any liability of KPTF for bfreach of a condition or warranty implied by any such provision. }. The leaves are longer, more slender and tapering, the flowers are paler in colour, but otherwise it's a little carbon copy of its big sister. Subject to clause 9(e), KPTF warrants that any services supplied by it shall be provided with due care and skill and that any materials supplied in connection with those services will be reasonably fit for the purpose for which they are supplied. This is a versatile small native tree, producing finer, glossy green foliage with a denser growth habit than straight Elaeocarpus reticulatus. (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. Small upright tree with masses of dainty, pink, fringed bell flowers followed by bird attractive blue berries. Its brilliant blue berries take quite a long time to ripen with some hanging on the branches until the next flowering season. Leaves 1-foliolate, lamina oblong-elliptic, mostly 5–13 cm long, sometimes to 15 cm long, 1–3 cm wide, ± glabrous, margins regularly toothed; small domatia present; venation prominently reticulate on both surfaces; petiole 5–20 mm long. 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. KPTF reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. Other common names include: ash quandong, blue olive berry, fringe tree, lily of the valley tree, scrub ash, fairy Petticoats, koda, and perhaps even prima donna. Except as required by law, this Agreement and subject to the PPSA, THE TREE SHOP and the purchaser agree to treat these terms and conditions as confidential. Elaeocarpus reticulatus Blueberry Ash tree produces striking foliage, with thick, dark green leaves converting from pink in younger growth to red for older growth in the Autumn. Comments: Evergreen Australian native that is a wide spread species growing from Fraser Isalnd to Tasmania. Menu . Elaeocarpus reticulatus is naturally found in a wide range of environments, from moist gullies through to rocky ridge outcrops and sandy coastal scrubs. We are a TRADE ONLY business that services landscapers. Elaeocarpus Reticulatus "Blueberry Ash" Blueberry Ash is an Australian native small evergreen tree that usually grows to about 7 metres in height. 1 there is no money owing by the purchaser to THE TREE SHOP for any other goods delivered by THE TREE SHOP or on any account whatsoever; the purchaser has met all other obligations due by the purchaser to THE TREE SHOP and paid all monies due by the purchaser to THE TREE SHOP in respect of all contracts for goods and/or services between the purchaser and THE TREE SHOP. Your email address will not be published. Goods may only be returned for credit upon the written agreement of THE TREE SHOP. This hardy small tree or tall shrub is an Australian native tolerant of a variety of conditions and can be found naturally along the Eastern coast of Australia from the northern parts of Tasmania extending through to Fraser Island in Queensland. The purchaser must not deal with those goods if both conditions are not met. The purchaser shall immediately notify THE TREE SHOP in writing of any defect in the goods supplied by THE TREE SHOP. Where any products are delivered in Rocket Pots ©, THE TREE SHOP requires that all Rocket Pots © be returned back to THE TREE SHOP (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 THE TREE SHOP on demand, the replacement cost of the same quantity of Rocket Pots © the purchaser failed to return within the said 60 days. 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). 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. 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. Until ownership of the goods passes, the purchaser must not give KPTF a written demand or allow any other person to give KPTF a written demand requiring KPTF to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the Act. The purchaser shall pay interest to THE TREE SHOP 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 THE TREE SHOP, 30 days after the date of statement/account issued by THE TREE SHOP (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%. Be the first to review “Elaeocarpus reticulatus ‘Prima Donna’”. 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. 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. $ 14.90. .hide-if-no-js { Elaeocarpus reticulatus Sm. If any provision or part of any provision of these terms and conditions of sale is unenforceable, such unenforceability shall not affect any other part of such provision or any other provision of these terms and conditions of sale. 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. THE TREE SHOP 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. The purchaser agrees and acknowledges that: THE TREE SHOP will refund a purchaser when. 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. They can grow to 9m tall so I would planting them 3m apart. Fragrant blooms of white bell-shaped flowers produced in abundant panicles during spring. KPTF’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. 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. 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 THE TREE SHOP. My Account + Services; Gallery; FAQ; Contact Elaeocarpus reticulatus white flowers Family: Elaeocarpaceae. The common name is Blueberry Ash, because it produces many small bright blue berries about one centimetre in diameter after flowering. Written notification of a request for credit must be received by KPTF management within 7 days of delivery of the goods to the purchaser. Blueberry Ash (Elaeocarpus reticulatus) is a fabulous Australian rainforest tree that is very adaptable and grows naturally from Queensland right down to Tasmania.It looks great in many different garden styles including cottage, seaside, formal or native and can be grown as a feature tree, screen or just in a large pot on a balcony. 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. }, 375 Canterbury Road, Surrey Hills, VIC, 3127 AUSTRALIA, 51 Inkeram St,St Kilda, VIC, 3184 AUSTRALIA. 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 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. All agreements shall be governed by the laws of Victoria and the parties agree to submit to the nonexclusive jurisdiction of the courts of that State and the courts of the Commonwealth of Australia having jurisdiction therein. Where the purchaser is a natural person, the purchaser warrants and declares that the credit provided is to be applied wholly or predominantly for business or investment purposes (or for both purposes) and not for personal, domestic or household purposes. the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. Save my name, email, and website in this browser for the next time I comment. To the extent that any conflict exists between these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) and any other documentation or correspondence forming part of any agreement these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) shall be paramount and prevail. 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 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. This is a popular, fast growing plant that has been in cultivation for well of 70 years. 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. The flowers are delicately fringed, like miniature ballerina skirts! Categories: Australian native, Tree. 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. THE TREE SHOP reserves the right to charge a restocking fee on goods accepted for credit.  −  the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Unless otherwise agreed, where the purchaser has nominated in writing an address to KPTF (“the nominated address”), KPTF shall deliver the goods to the nominated address. Elaeocarpus reticulatus "Prima Donna" COMMON NAME; Blueberry Ash FAMILY; Elaeocarpeaceae ORIGIN; QLD, NSW, VIC, TAS HEIGHT; 8-15mt WIDTH; 3-5mt HABIT; Small tree, narrowly erect, bark is brown sometimes with vertical cracks. Where the purchaser is a natural person, the purchaser warrants and declares that the credit provided is to be applied wholly or predominantly for business or investment purposes (or for both purposes) and not for personal, domestic or household purposes. Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by KPTF with a quotation or tender or otherwise provided by KPTF to the purchaser, are illustrative and approximate only and do not form part of any agreement entered into between KPTF and the purchaser unless expressly agreed in writing by KPTF. Required fields are marked *. 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. This hardy small tree or tall shrub is an Australian native tolerant of a variety of conditions and can be found naturally along the Eastern coast of Australia from the northern parts of Tasmania extending through to Fraser Island in Queensland. Find many great new & used options and get the best deals for Elaeocarpus Reticulatus Blueberry Ash Seeds (n 33) at the best online prices at ebay!  −  Menu . Elaeocarpus Reticulatus Prima Donna. As a feature tree flanking the house, or lined up as a low maintenance screen, this is a lovely tree for classic and modern gardens alike. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied, or applied, and whether given by THE TREE SHOP, the manufacturer or a third party) and any obligation of THE TREE SHOP to repair or replace any goods are void in respect of any goods which the purchaser tampers with or alters. Technical information. receive a notice of intention of removal of accession (section 95); to receive a notice that THE TREE SHOP 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 THE TREE SHOP 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)). Elaeocarpus reticulatus 'Prima Donna' - Blueberry Ash. The pink flowers distinguish this from the normal form of Blueberry Ash which has cream flowers. 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. Needless to say, my friends love this tree. the payment of the cost of having the goods repaired; the supply of the services again by KPTF; or. the purchaser must hold the assigned proceeds on trust for KPTF and separate from its own monies, and must account to KPTF for those proceeds. If you love Prima Donna but don't have the space for it full grown, then Green Dream is the answer to your prayers. My original plant has white flowers and I have now planted more of a pink flowering form that you will find in nurserys under the name of ‘Prima Donna’. 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. 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. Any order or offer made by any purchaser shall not be binding on THE TREE SHOP until accepted by THE TREE SHOP in writing (which includes but is not limited to the issuing of an invoice by THE TREE SHOP) or in such manner as THE TREE SHOP in its sole discretion determines. In the event that legal proceedings are instituted for the recovery of monies held in trust in accordance with this clause, the purchaser irrevocably acknowledges the existence of monies held on trust as described in this Agreement. 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. It is essential that there is a point of contact at the delivery site which must be communicated to KPTF at least 24 hours prior to the driver’s arrival. Where any drawings or other documents submitted by THE TREE SHOP with or as a part of a quotation or tender are not incorporated into an agreement between THE TREE SHOP and the party to which such quotation or tender was submitted they shall be returned to THE TREE SHOP within 7 days of expiry of the quotation or tender or otherwise as reasonably required by THE TREE SHOP. 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. THE TREE SHOP may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. 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. Common Name: Blueberry Ash Availabilty: In Stock Elaeocarpus Prima Donna, or the Blueberry Ash as it can be more commonly known, is a gorgeous evergreen with elegant glossy green foliage with striking bronze-red-yellow-orange coloured new growth. 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. 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. Elaeocarpus Reticulatus "Prima Donna" A hardy small growing evergreen native tree. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by THE TREE SHOP and the corrected tender or quotation shall apply. Sizes estimated at 10 years, and may vary depending on growing conditions. 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. Any acceptance by THE TREE SHOP of payment or part payment by the purchaser shall not prejudice THE TREE SHOP’s rights in relation to recovery of any other unpaid monies owing by the purchaser to THE TREE SHOP. KPTF reserves the right to impose special conditions on the return of stock. the payment of the cost of having the services supplied again. 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. Hardy. At the option of THE TREE SHOP in its absolute discretion, interest may be capitalised monthly. “the purchaser” means any person or persons, company or business entity to whom THE TREE SHOP sells or supplies, or proposes to sell or supply, goods or services. 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)). (The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Privacy Act to obtain or receive.). 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. 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. In addition, any credit card fees or bank charges associated with any payment by the purchaser to KPTF for goods and/or services shall be borne by the purchaser. Attractive to butterflies and bees, nectar and seed eating birds. Rainforest Trees Native & Ornamentals > Rainforest Trees > Understorey Plants > Blueberry Ash - Prima Donna. 2018-11-12. Flowers spring to early summer with clusters of pale pink ballerina-like flowers hence the name Prima Donna. Elaeocarpus Reticulatus Prima Donna $ 9.35 – $ 165.00. Cheque payments will only be accepted if the funds are cleared by KPTF’s bank (three working days) prior to dispatch of the goods. 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. A delivery service can be provided by THE TREE SHOP to the Melbourne metropolitan area being an area no greater than 50km from THE TREE SHOP located at 373 Canterbury Road, Surry Hills, Victoria, 3127, (“Melbourne Metropolitan Area”) at a reasonable cost to the purchaser with prices varying depending on the size of the order and delivery location. It is agreed that by the disposal of such goods, the purchaser assigns to THE TREE SHOP (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 shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of THE TREE SHOP to do so. If an order is cancelled the deposit and maintenance fee is non-refundable as this covers losses including but not limited to the cost of lost business due to an inability to supply other purchasers. The United Nations Convention on Agreements for the International Sale of Goods (“the Vienna Convention”) shall not apply to any agreement entered into between THE TREE SHOP and the purchaser. KPTF shall not be responsible for unloading goods at the point of delivery. This is a versatile small native tree, producing finer, glossy green foliage with a denser growth habit than straight Elaeocarpus reticulatus. Elaeocarpus reticulatus, the blueberry ash, is an endemic tree native to Australia, occurring all along the east coast from Fraser Island, Queensland to Flinders Island, Tasmania. Elaeocarpus reticulatus Sm. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by KPTF and the corrected tender or quotation shall apply. THE TREE SHOP shall be under no liability for any unsuitability for any purpose of the goods irrespective of any knowledge which it may possess as to the purpose for which the goods were required by the purchaser unless that purpose has been specifically notified to THE TREE SHOP in writing prior to the formation of the relevant agreement. There are 30-40 species in Australia. 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. the payment of the cost of having the services supplied again. Unless otherwise notified in writing by THE TREE SHOP to the purchaser goods are of standard design and THE TREE SHOP shall not be obliged to comply with tender specifications of minor importance to the operation of the goods. Any order or offer made by any purchaser shall not be binding on KPTF until accepted by KPTF in writing (which includes but is not limited to the issuing of an invoice by KPTF) or in such manner as KPTF in its sole discretion determines. 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. Elaeocarpus Reticulatus "Blueberry Ash" Blueberry Ash is an Australian native small evergreen tree that usually grows to about 7 metres in height. 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. It produces masses of dainty pale pink and white flowers, followed by bright blue shiny fruit which are bird attracting. THE TREE SHOP 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. 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. Except as expressly set out in this Agreement and the Australian Consumer Law, THE TREE SHOP makes no warranties or other representations under this Agreement. to receive a notice of any verification statement (see section 157(1) and section 157(3). The purchaser shall be invoiced at either the time of acceptance by KPTF of an offer or order placed by a purchaser, immediately prior to delivery of goods or supply of services or as KPTF 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 KPTF 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 . Unless otherwise agreed, where the purchaser has nominated in writing an address to THE TREE SHOP (“the nominated address”), THE TREE SHOP shall deliver the goods to the nominated address. 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”). Any dispute between the purchaser and KPTF arising out of or in any way connected with an agreement which is not resolved by the purchaser and KPTF within 14 days of a notice by either party to the other advising that it is a notice pursuant to this clause 21 shall be referred for determination to a person agreed between KPTF and the purchaser or, failing such agreement, to the nominee of KPTF, who shall act as an independent expert and not as an arbitrator and the experts written determination is final and binding on the parties. At the option of KPTF in its absolute discretion, interest may be capitalised monthly. Required fields are marked *. 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 THE TREE SHOP 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 THE TREE SHOP’s fiduciary, keep any such proceeds in a separate account and account to THE TREE SHOP in respect of those proceeds; the purchaser contracts out of and waives its rights under the following provisions of Chapter 4 of the PPSA: . And I found PLEACHED specimens. Notwithstanding any other provision of these terms and conditions of sale if the purchaser breaches a term of an agreement KPTF shall not be bound to perform its obligations under that agreement until the breach is remedied by the purchaser. Elaeocarpus is a genus of about 200 species occurring in Australia and in tropical areas to Australia's north. 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 THE TREE SHOP promptly upon request; and. A reference in this clause 4 (including the sub-clauses below) to “delivery” includes collection by or on behalf of a purchaser. Where KPTF has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. 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 goods shall be warranted by KPTF only to the extent that they are warranted by the supplier or manufacturer of them and KPTF is able to pass on the benefit of such warranty to the purchaser. Responsibility and liability for the goods ends for THE TREE SHOP when goods are received and accepted by the purchaser. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. 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. Elaeocarpus reticulatus - ‘Green Dream’ is a small evergreen tree, native to Australia, is PBR registered and is a new selection of the common-Elaeocarpus reticulatus or Blueberry Ash rainforest tree. The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services. Comments: Evergreen Australian native that is a wide spread species growing from Fraser Isalnd to Tasmania. In no event shall KPTF incur any liability due to any failure on its part to supply goods/and or services by an agreed date. .hide-if-no-js { Blueberry Ash (Elaeocarpus reticulatus) is a fabulous Australian rainforest tree that is very adaptable and grows naturally from Queensland right down to Tasmania.It looks great in many different garden styles including cottage, seaside, formal or native and can be grown as a feature tree, screen or just in a large pot on a balcony. Elaeocarpus Prima Donna 45L ; Images are for reference purposes only. 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. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaser. Where goods are to be delivered to a nominated address THE TREE SHOP shall be deemed to have delivered the goods in accordance with the contract if it obtains a receipt or signed delivery docket for the goods from any person at that address. This tree produces masses of bell shaped, soft pink flowers … Goods may only be returned for credit upon the written agreement of KPTF. Where THE TREE SHOP is permitted under the ACL to limit its liability for breach of a condition or warranty that is implied by the ACL, THE TREE SHOP’s liability shall be limited at THE TREE SHOP’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. 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; THE TREE SHOP’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. Blueberry Ash. Elaeocarpus is a lovely shaped tree and looses its shape when topped, if you are wanting to keep them as a lower hedge you will need to start formatively pruning them … KPTF’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. If these proceeds exceed the total debts owing by the purchaser to THE TREE SHOP at any time, the purchaser is entitled to receive an amount equivalent to the amount of this excess as commission. 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 . 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. It is fast growing, can tolerate coastal and dry conditions (once established) and grows well in full sun through part shade. In all cases the original invoice or delivery docket must be quoted and return freight must be prepaid by the purchaser. Makes an ideal specimen, screen or wind break. In all cases the final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the KPTF Manager or Director. 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. No claim in relation to damaged goods or shortage of volume, length, quantity or weight may be made unless such claim is made by the purchaser in writing to KPTF within 7 days of delivery of the goods to the purchaser. It is the most commonly grown member of the genus and is popular for its size, attractive flowers and colourful blue berries. 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. NOTE: Stock displayed on the website does not necessarily represent what is available due to seasonality and stock turn over. Blueberry Ash. 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. Goods specifically ordered by THE TREE SHOP for the purchaser will not be accepted for credit. Fragrant blooms of white bell-shaped flowers produced in abundant panicles during spring. the payment of the cost of having the goods repaired; the supply of the services again by THE TREE SHOP; or. This is a plant that should be growing in everyone’s garden! A popular street or specimen tree. 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. Discount Policy. If an order is cancelled the deposit and maintenance fee is non-refundable as this covers losses including but not limited to the cost of lost business due to an inability to supply other purchasers. 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. Any waiver or purported or implied waiver by THE TREE SHOP 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 THE TREE SHOP and shall not prejudice the rights of THE TREE SHOP in respect of any breach of these terms and conditions of sale to which such waiver does not specifically relate. (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. display: none !important; ELAEOCARPUS reticulatus Prima Donna (Blueberry Ash) A small native rainforest tree noted for its red new growth and dense blue green foliage, bears masses of pale pink ballerina skirt like flowers in spring and summer, followed by shiny blue fruit Leaves 1-foliolate, lamina oblong-elliptic, mostly 5–13 cm long, sometimes to 15 cm long, 1–3 cm wide, ± glabrous, margins regularly toothed; small domatia present; venation prominently reticulate on both surfaces; petiole 5–20 mm long. 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. This native tree is versatile and makes an outstanding landscape addition. In the event that legal proceedings are instituted for the recovery of monies held in trust in accordance with this clause, the purchaser irrevocably acknowledges the existence of monies held on trust as described in this Agreement. 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 THE TREE SHOP, 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 THE TREE SHOP’s relevant quotation or tender or, where there is no such quotation or tender, from the date of THE TREE SHOP’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. 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. Brand new elaeocarpus! Scientific name: Elaeocarpus reticulatus Common name: Blueberry Ash Aliases: 'Prima Donna' Date planted. 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. 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. Any drawings or other documents submitted and any information supplied by THE TREE SHOP to the purchaser remains the property of THE TREE SHOP and constitutes confidential information of THE TREE SHOP (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 THE TREE SHOP nor provide the same to third parties. Cheque payments will not be considered payment in full until they have been cleared in KPTF’s Bank Account. 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. Elaeocarpus reticulatus ‘Prima Donna’ Elaeocarpus reticulatus ‘Prima Donna’ A wonderful small rainforest tree, great as a screening plant in warmer areas. In this case, the account may be placed on hold at the sole and unfettered discretion of THE TREE SHOP. The purchaser shall provide without cost to THE TREE SHOP every facility for the performance of THE TREE SHOP’s work under the agreement including, without limitation, providing proper foundations to receive the goods the subject of the agreement (in clauses 28 and 29 called “the goods”), adequate cranage, lifting tackle and scaffolding and suitable protection for the goods from the time of delivery until the time of taking over and the proper fencing, lighting and guarding of the goods until the time of taking over. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. It's fruit and it's flowers often appear on the plant together making for something quite remarkable. All agreements shall be governed by the laws of Victoria and the parties agree to submit to the nonexclusive jurisdiction of the courts of that State and the courts of the Commonwealth of Australia having jurisdiction therein. Categories: Australian native, Tree. 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 THE TREE SHOP 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 THE TREE SHOP Manager. 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). Payment is not deemed to have occurred until funds have cleared in THE TREE SHOP’s account. 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). Any Agreement may be varied only with KPTF’s prior written consent. 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. This is a popular, fast growing plant that has been in cultivation for well of 70 years.  =  Hold orders (being orders placed by the purchaser but held / stored by THE TREE SHOP for a period before they are dispatched for delivery to the purchaser (“Hold Orders”)) are offered by THE TREE SHOP on the following conditions: Stock will be held for a period of one month (at no cost to the purchaser) from confirmation of the order (“the Free Holding Period”). Attributes 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. 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. Elaeocarpus reticulatus ‘Prima Donna’ Multi-tones foliage, spring flowers and a narrow habit, Elaeocarpus reticulatus has something to offer every garden. 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. to receive a statement of account if no disposal of goods for each 6 month period (section 132(4)); to receive notice for THE TREE SHOP to retain goods (section 134(2)); to receive notice of any proposal of THE TREE SHOP to retain goods (section 135(2)); to object to any proposal of THE TREE SHOP to either retain or dispose of goods (section 137(2)); to reinstate the security agreement (section 143); and.

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