If not, we will attempt to source it for you. 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. To the extent that there is any inconsistency existing between any terms and conditions appearing in a purchaser’s order or any other document and these terms and conditions of sale then these terms and conditions shall only apply and the acceptance by a purchaser of the supply by THE TREE SHOP of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by THE TREE SHOP of such goods and/or services solely on these terms and conditions of sale. The beautiful structure looks equally good in pots with an earthy finish as a sleek matte black container. Best grown with regular moisture and fertilising with protection from the harshest sun. 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. The prices quoted by THE TREE SHOP for the supply of goods and/or services excludes goods and services tax (“GST”) and the purchaser must also pay to THE TREE SHOP an additional amount in respect of the impact of GST on THE TREE SHOP, calculated by multiplying the price by the prevailing GST rate. Dwarf Plum Gulf Gold Tree (G) This golden plum is firm with excellent flavour & texture and a small seed. 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. Even if you don’t see it here, the chances are we will have it. Subject to clause 9(b) THE TREE SHOP 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. We deliver to the Perth metro area and mail selected items Australia wide. THE TREE SHOP shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between THE TREE SHOP and the purchaser. THE TREE SHOP reserves the right to impose special conditions on the return of stock. This larger growing Michelia will bring a lot of lush to a large pot. 08 9279 8645 . In addition, any credit card fees or bank charges associated with any payment by the purchaser to THE TREE SHOP for goods and/or services shall be borne by the purchaser. Ensure the container is large enough (a half wine barrel makes a great container!) THE TREE SHOP’s only liability for any such loss or damage shall be, in its sole discretion, to replace or repair goods lost or damaged or pay for such goods to be replaced or repaired. Increasingly garden design for small gardens uses potted trees to add colour, depth and dimension to the overall experience. Trees & Shrubs Trees & Shrubs 682 results for Trees & Shrubs. 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%. If a nominated address is unattended or if delivery cannot otherwise be effected or the goods cannot be dispatched due to any act, matter or thing beyond the control of THE TREE SHOP, THE TREE SHOP in its sole discretion may store the goods at the purchaser’s risk and expense or take such other steps as it considers appropriate. 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. 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. We also sell a variety of Christmas Trees in Pots from extra small sizes perfect for table centrepieces and desk decorations through to extra large pots for those wanting a living Christmas tree rather than a freshly cut one. the purchaser must hold the assigned proceeds on trust for THE TREE SHOP and separate from its own monies, and must account to THE TREE SHOP for those proceeds. (Ficus carica) Figs trees are prized in Mediterranean courtyards. This dwarf growing version of an iconic Australian Gum makes an unexpectedly brilliant specimen in large pots. 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. Ultimately the bigger the pot, the larger your tree will grow. Italian cypress (Cupressus sempervirens) Although Italian cypress grows very tall, it can be clipped … Until title and property in the goods passes: the purchaser must hold the goods as bailee for THE TREE SHOP, mark the goods or store them separately and keep all necessary records so that the goods can at all times be identified and distinguished as the property of THE TREE SHOP, and refrain from mixing or intermingling the goods with any goods owned by the purchaser or by any other person; the purchaser acknowledges that a fiduciary relationship exists between the purchaser and THE TREE SHOP whereby, subject to the provisions of this clause, the purchaser holds the goods and/or service and/or any other proceeds, rights and claims to the goods and/or services, or any new product created by the purchaser using the goods and/or services, in a fiduciary capacity for THE TREE SHOP. Their shiny foliage, bright fruits, and fragrant blossoms provide year-round enjoyment and is the reason they are so sought after as containerised pots. 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. For a medium sized shrub, something around the 50cm diameter will do the trick. 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. The prices quoted by THE TREE SHOP shall only apply to the specific goods and quantities of goods specified in such quotation or tender or accepted order. Any invoices for orders or other amounts payable hereunder that remain unpaid outside THE TREE SHOP trading terms will attract penalty interest to be calculated in accordance with clause 4(d). Japanese, tropical and modern gardens all look sleeker with the addition of this stunning bamboo. 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. THE TREE SHOP 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. 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 Korean Rock … Increasingly garden design for small gardens uses potted trees to add colour, depth and dimension to the overall experience. All financial and other information provided by the purchaser to THE TREE SHOP must be fully accurate and up to date and the purchaser acknowledges confirms and agrees that THE TREE SHOP will rely upon all information provided to it. The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services. 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 THE TREE SHOP becomes a co-owner of the Product at the time the relevant goods are incorporated into the Product, and THE TREE SHOP’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. and has good drainage and be sure to water regularly. Crab apple. 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)). the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. Where you find a competitor's lower price on the same stocked item, we'll beat it by 10 % Excludes trade quotes, stock liquidations, commercial quantities and MarketLink products. Pot)) 4.8 out of 5 stars 10 £34.99 £ 34 . 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. Powder blue culms and soft weeping foliage, like all bamboos it needs a strong pot to call home. 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). Balance the spreading form of weeping maples with a wide bowl for a harmonized effect. They look just as smart in traditional terracotta pots as sleek modern numbers. In this case, the account may be placed on hold at the sole and unfettered discretion of THE TREE SHOP. Or choose a dwarf Japanese Maple, like the one pictured right. Department. Where THE TREE SHOP has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. We have many evergreen trees for sale. Bare-rooted or bagged trees available for delivery or collection. 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. We offer large and small trees in pots, perfect for patios and smaller gardens. notwithstanding any provision of this Agreement to the contrary and notwithstanding that any period of credit previously granted by THE TREE SHOP may not have expired, all amounts payable to THE TREE SHOP in respect of any goods and/or services supplied by it to the purchaser shall be immediately due and payable; and, THE TREE SHOP shall, after taking into account payments made by the purchaser to THE TREE SHOP, be entitled to be paid by the purchaser for work done and expenditure made under the agreement up to and including the date of termination; and, the purchaser shall be liable for and shall pay to THE TREE SHOP on demand any direct and indirect loss suffered by THE TREE SHOP including without limitation THE TREE SHOP’s loss of profit on the agreement and all costs and expenses incurred or charged to THE TREE SHOP (in the case of legal costs on a full indemnity basis) in relation to the termination and any prior breach and in exercising any rights and remedies as a consequence of the termination and any prior breach including but not limited to costs and expenses as a result of attempts and/or actual recovery of any overdue amount or interest (including costs charged by any mercantile collection agency on lodgment of an overdue account); and. DETAILS View products. If the purchaser wishes to retain the Rocket Pots © they can be purchased from THE TREE SHOP for an additional cost which will be provided once written application is made by the purchaser to THE TREE SHOP. Small Garden Trees | Dwarf Trees; Patio Trees | Trees To Grow In Pots; Evergreen Trees; Native Trees; Flowering Trees; Weeping Trees; Multi Stem Trees; Mature Trees (2-6m Height) Trees With Coloured Foliage; Trees With Autumn Colour; Trees As Gifts; Shrubs & Climbers; Hedging; Fruit Trees . 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. any liability of THE TREE SHOP for bfreach of a condition or warranty implied by any such provision. 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 THE TREE SHOP 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 THE TREE SHOP – THE TREE SHOPs liability for all such loss, damage, harm or injury in all and any circumstances shall be limited in aggregate to the payment by THE TREE SHOP of a sum not exceeding 5% of the monies payable to THE TREE SHOP pursuant to the relevant agreement under which the goods and/or services were supplied. Protect from the hottest sun and drying winds. is in breach of any term of the agreement and fails to remedy the breach within 14 days of notice in writing by THE TREE SHOP specifying the breach and requiring the purchaser to remedy it; fails to make payment to THE TREE SHOP in accordance with this Agreement or a payment or amount payable by the purchaser to THE TREE SHOP is overdue in whole or part; has failed or refused to take delivery of goods the subject of the agreement and such failure or refusal continues for a period of 14 days after THE TREE SHOP has notified the purchaser that the goods are ready for delivery or dispatch, as the case may be, and/or the purchaser has failed or refused to allow THE TREE SHOP to supply services the subject of the agreement and such failure or refusal continues for a period of 14 days after THE TREE SHOP has notified the purchaser that it is ready, willing and able to supply such services; or. Patios are ideal places for growing small trees in containers because they are so often sheltered and sunny spots where many trees do particularly well. Below are the details for the Christmas Trees we have available in pots. the payment of the cost of having the goods repaired; the supply of the services again by THE TREE SHOP; or. Whether you are making an alpine trough, succulent hypertufa planter, bonsai garden, fairy garden or miniature garden, you will need small, rather slow growing trees and plants. THE TREE SHOP and the purchaser acknowledge and agree that sub-clauses 26(a), 26(c) and this sub-clause 26(b) constitute a confidentiality agreement pursuant to section 275(6) of the PPSA. All goods returned for credit must be in their original pack and in a completely resalable condition. THE TREE SHOP’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. (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. Picea Glauca. Grow in full sun for best results. These lush evergreens will offer year round colour, have sweetly scented flowers and best of all delicious fruit! The prices quoted by THE TREE SHOP, 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. THE TREE SHOP may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. DETAILS ADD TO CART. One of the easiest solutions is to find a tree that will grow well in a container. 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. 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. “services” means any services provided by THE TREE SHOP. Select from our range of trees suitable for small garden spaces. To source it for you trees in pots with some texture to its finish to enhance rugged... By the TREE SHOP prior to the lawful currency of Australia set off the in... Be available all year, which can be organized with prices being available! 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