Phone: (08) 9405 4558 Fax: (08) 9405 3759 Email: info at ellenbytreefarm dot com dot au. The period of such warranty shall not in any event, however, exceed the applicable period set out in clause 9(a). 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”). Corymbia ficifolia 'Precious' Grafted Flowering Gum. 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. Any evidence of use and the goods must be accompanied by the original KPTF invoice under which they were purchased by the purchaser. Looking for Flowering Gum, also known as Pink Flowering Gum or Precious Gum, for your garden landscape? K.D. Grafting is done on rootstocks to ensure tolerance to a wide range of soil types. These guarantees cannot be modified nor excluded by any contract. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). Looks great in the garden and can’t believe how pink it gets during the hotter months. Goods may only be returned for credit upon the written agreement of KPTF. Description. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser. KPTF reserves the right to refuse to supply goods and/or services under an agreement if a purchaser is in default of any of its payment obligations under any one or more Agreements. 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. 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 . 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. 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