Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. Back to top. "name": "Kilby Park Tree Farm", 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. A Unique and Adorable Tree for Every Season! "@type": "Organization", 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. All goods returned for credit must be in their original pack and in a completely resalable condition. 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 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. Dogwood trees seldom need pruning; however, it may be necessary to remove dead or injured branches, suckers, and diseased or insect-infested parts on occasion. No warranty is given in respect of plant growth or description. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. The form of dwarf dogwoods inflorescence, leaf shape and leaf venation are very similar to its relative, the flowering dogwood tree. 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. Of these, Cornus florida is possibly the most popular. Dead wood and leaves should be pruned and completely removed and destroyed yearly. Cheque payments will not be considered payment in full until they have been cleared in KPTF’s Bank Account. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Description: An evergreen tree that is long flowering and grows to about 6-9m (20-30′) tall, depending on the soil and rainfall. It is an evergreen tree that will grow to about 40 feet tall with gray-green leaves. no event as specified in clause 14(a) has occurred. ", Cornus ‘Eddie’s White Wonder’ has a narrow form and lax layered branching habit with stunning white bracts. Payments received by KPTF shall be credited first against any interest accrued. 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. USE IN: Beautiful in groups as a mass display of flowering colour. It is low-branching, broadly-pyramidal but somewhat flat-topped. The Himalayan dogwood’s alternate names include Benthams’ cornel, Himalayan strawberry tree, and evergreen dogwood. Flowers are creamy yellow followed by red fruit. Azalea 'Dogwood'. 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. The Himalayan dogwood’s alternate names include Benthams’ cornel, Himalayan strawberry tree, and evergreen dogwood. It’s important to plant in a protected position as it does not do well when exposed to intense heat sources such as adjacent parking lots or air conditioning compressors. 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. All dogwoods available feature bright green leaves, beautiful flower bracts with insignificant petals in the centre, and in summer will develop ornamental fruit that birds love. It also produces red strawberry-like fruits. Ivory Halo dogwood tend to use more nitrogen than some other plant families. Any evidence of use and the goods must be accompanied by the original KPTF invoice under which they were purchased by the purchaser. The purchaser irrevocably grants to KPTF 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 KPTF has cause to exercise any of KPTF’s rights under section 123 and/or 128 of the Act, and the purchaser agrees to indemnify KPTF, its officers, employees, servants, agents contractors, successors, heirs and assigness from any claims made by any third party as a result of KPTF exercising such right. Any purchaser who is a corporation agrees that its directors and or shareholders may, at KPTF’s unfettered discretion, be required to guarantee the purchase of any goods and/or services from KPTF and agrees to provide such a guarantee if the purchaser executes the relevant application for credit form used by KPTF from time to time. Angie Thomas, Horticulture Consultant to Yates, recommends planting these trees if you live in some of Australia's warmer climates. Grows to 5-10m. Foliage is green and fall color is red to purple. These guarantees cannot be modified nor excluded by any contract. For more information, … Fruits mature in late summer to early autumn and may persist until late in the year. This North American and Eurasian genus of around 65 species of mainly deciduous, spring-flowering trees, shrubs, and herbs is the type genus for the dogwood (Cornaceae) family. This adorable dogwood makes the perfect addition to pathways, outdoor seating areas and smaller landscapes. 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. Bracts open to clusters of small green flowers. Where any drawings or other documents submitted by KPTF with or as a part of a quotation or tender are not incorporated into an agreement between KPTF and the party to which such quotation or tender was submitted they shall be returned to KPTF within 7 days of expiry of the quotation or tender or otherwise as reasonably required by KPTF. This North American and Eurasian genus of around 65 species of mainly deciduous, spring-flowering trees, shrubs, and herbs is the type genus for the dogwood (Cornaceae) family. "logo": { 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. { 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 . New plantings should be mulched to a depth of 5 to 10 cm, avoiding the stem. 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”). Cornus trees need fertile soil and light shade. (Formerly Birdwood Nursery) 71 - 83 Blackall Range Rd Woombye QLD 4559. Find out which plants can be used for hedges in landscaping, ornamental gardening, or can be grown in pots.  +  “goods” means the goods or products supplied or sold by KPTF to the purchaser from time to time. 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. 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. 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