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Ph: (08) 8264 2661 . Blooms are reddish purple on the outside and white to reddish purple on the inside. This woody tree grows well in most climates, tolerating all but the coldest temperatures. 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. KPTF’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. This outstanding genus was named after the French botanist Pierre Magnol (1638-1715). 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. 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. Magnolia x ‘Cameo’ Japanese magnolia 12-15′. 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. 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. It performs best in the sun and enjoys protection from strong winds. 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. Goods may only be returned for credit upon the written agreement of KPTF. Other popular varieties are the red-purple flowering 'Vulcan', 'Black Tulip', 'Genie' and 'Felix'; the pink 'Star Wars', and the yellow 'Elizabeth' and 'Butterflies'. Where KPTF has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. 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. The purchaser indemnifies KPTF, its officers, employees, servants, agents contractors, successors, heirs and assigness against any claim, action, damage, loss, liability, cost, expense, outgoing or payment which KPTF suffers, incurs or is liable for in respect of KPTF’s exercise of its rights under this clause 11. 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. 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. 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. The purchaser shall pay interest to KPTF 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 KPTF, 30 days after the date of statement/account issued by KPTF (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%. It can be topped to form a hedge, and works well in large containers. The small, slender, multi-branched form is outstanding for use as an elegant specimen tree, en masse to form a hedge, or as a container plant. 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. Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. 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. 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. 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. When planting Magnolias in dense clay or poor quality soil it is beneficial to thoroughly mix in some good organic matter such as composted cow manure, mushroom compost, sand, and/or a good planting mix at a 50/50 ratio with the soil removed from the planting hole. 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. KPTF 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 KPTF in writing prior to the formation of the relevant agreement. Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. Monrovia has recently put out a Black Tulip - Magnolia x soulangiana 'Jurmag1'. 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. 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. Also a large range of Japanese Maples, Weeping Maples, Magnolias, Dogwoods, Crepe Myrtles, Crab Apples, Azaleas, Camellias, Rhododendrons and Buxus. 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. The purchaser must not deal with those goods if both conditions are not met. (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 Plant Patent has been applied for. Magnolias are so tough that many tree owners will never notice any real problems throughout their tree’s life, but when a sick magnolia tree is identified, the causal agent may be serious. ‘Cameo’ Magnolia flowers in spring and sometimes will produce sporadic bloom during summer. 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. 4 years ago. Topiary Café Ph: (08) 8263 0818 This is the third Jury hybrid to be acknowledged (earlier awards were given to Athene & Milky Way). Magnolia Black Tulip™ is an upright smaller tree growing to a height of 3.5 metres, making it suitable for smaller gardens, or featured in larger landscape plantings. Written notification of a request for credit must be received by KPTF management within 7 days of delivery of the goods to the purchaser. Victoria 3095. KPTF may supply goods and/or services in instalments and these terms and conditions of sale shall apply to each supply of goods and/or services by instalments as if each instalment constituted supply under a separate agreement and in particular the purchaser shall pay KPTF for each instalment of goods and/or services so supplied irrespective of any failure or delay in the supply of any other instalment of goods and/or services. Depending on the type, fertility and porosity of the soil in the planting area you might consider amending the native soil. 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 purchaser must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty. Makes a beautiful feature tree in either a small or large garden. Magic. Black Tulip Magnolia (M. x soulangeana ‘Black Tulip’) Small deciduous tree that can grow to 5 metres in height. 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. If these proceeds exceed the total debts owing by the purchaser to KPTF at any time, the purchaser is entitled to receive an amount equivalent to the amount of this excess as commission. It is prized for its fragrant, burgundy, tulip-shaped flowers that bloom in early spring. KPTF reserves the right to impose special conditions on the return of stock. 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. 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. Magnificent, bold and elegant, Magnolia soulangeana ‘Black Tulip’ makes a statuesque feature in the landscape. Call 03 9859 9190. 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. Denudata. Magnolias are highly prized for their outstanding floral display and within the genus there is great variety. The condition is characterized by leaf spots, that could be in the shades of gray, yellow, brown, red, purple or black. 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. Foliage: Large oval shaped leaves. 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. When: When dormant in the late winter/early spring. 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. 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. 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. If the purchaser requires a different means, route or procedure, the cost of delivery shall be borne by the purchaser notwithstanding any other provision of these terms and conditions of sale. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances. Magnolia ‘Felix’, Magnolia ‘Black Tulip’ and Magnolia ‘Vulcan’ are three new release Magnolias from Jury Magnolias in New Zealand. Black tulip. KPTF reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. regional areas. At the option of KPTF in its absolute discretion, interest may be capitalised monthly. MAGNOLIA BLACK TULIP (PBR) Bare Rooted $ 59.00 Sold/Out of Season; Sale! 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. Deliveries outside the Melbourne Metropolitan Area or interstate can be organized with prices being made available upon application by the purchaer. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies. FLOWERS: 15cm black-red, goblet-shaped flowers in early Spring. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. Subject to clause 1(e) a quotation or tender submitted by KPTF shall remain valid for 30 days from the date of such quotation or tender. a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or, a person acquiring Goods at a price not exceeding $40,000; or. 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. Flowers within the first few seasons. - Flowering in early spring - Slender multi branched tree to 20ft tall by 10ft wide Magnolia Tree Diseases. No warranty is given in respect of plant growth or description. Any evidence of use and the goods must be accompanied by the original KPTF invoice under which they were purchased by the purchaser. 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. The tulip magnolia (Magnolia x soulangeana) is a small, deciduous, multi-trunked tree or large shrub growing up to 25 feet tall with an equal spread. These guarantees cannot be modified nor excluded by any contract. 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). It makes an excellent small specimen tree, growing to 20 feet tall. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Magnolia little gem is a dwarf form of Magnolia grandiflora, grows to approx. Conifer Gardens Nursery grows a vast range of magnolia including many cultivars of Magnolia soulangeana, Magnolia liliiflora and Magnolia stellata. In the event the purchaser neglects or fails to deliver such document(s), the purchaser hereby appoints KPTF to be the purchaser’s lawful attorney for the purpose of executing and registering such document(s). 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. 1361 North East Rd Tea Tree Gully SA 5097. 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. 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. 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