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. 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. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. Written notification of a request for credit must be received by KPTF management within 7 days of delivery of the goods to the purchaser. All goods returned for credit must be in their original pack and in a completely resalable condition. 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)). Low Borders. Any acceptance by KPTF of payment or part payment by the purchaser shall not prejudice KPTF’s rights in relation to recovery of any other unpaid monies owing by the purchaser to KPTF. 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. In the event that the purchaser fails to make payment to KPTF 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 KPTF and commits any breach of the terms of that credit application with KPTF, then KPTF 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 KPTF 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 KPTF and in the possession from time to time of KPTF at the time of the breach of any term of this Agreement by the purchaser or its termination (without prejudice to any of KPTF other rights or remedies). Goods specifically ordered by KPTF for the purchaser will not be accepted for credit. Murraya paniculata Hedging Pack ... Murraya “Min- a –min’.Here is a really compact bush growing to 1-1.5m in height but so dense you think that you could sit on it. The total debts owing by the purchaser to KPTF will be reduced by the proceeds of sales for which the purchaser has accounted to KPTF in accordance with this clause 11(d). Responds well to regular clipping. Several flushes of flowers may occur during the year. Your email address will not be published. Care: Murrayas prefer a sunny position in well-drained soil enriched with organic matter. KPTF shall not be responsible for unloading goods at the point of delivery. About Us. KPTF uses and at all times retains ownership of “Rocket Pots ©” air pruning containers which are used to grow a majority of its advanced trees. English (US) Español; Français (France) 中文(简体) It is also well suited for warm-climate gardens. 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