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Answering 19 Common Questions About Citrus Trees: Your Complete Guide

By June 22, 2023 Media No Comments
citrus trees questions

About Citrus Trees

Citrus trees are a group of flowering plants belonging to the Rutaceae family, specifically the genus Citrus. They are known for producing a variety of edible citrus fruits, including oranges, lemons, limes, grapefruits, tangerines, and many others.

Citrus trees are native to various regions in Asia, primarily Southeast Asia. They have been cultivated for thousands of years and are now grown in different parts of the world with suitable climates, such as Mediterranean regions, Florida in the United States, and parts of Australia.

These trees typically have glossy, evergreen leaves and fragrant flowers. The fruits they bear are well-known for their vibrant colors, refreshing flavors, and high vitamin C content. Citrus fruits are widely used in cooking, juicing, and for their aromatic zest.

Citrus trees are typically small to medium-sized, reaching heights ranging from 10 to 30 feet (3 to 9 meters), depending on the specific variety. They prefer warm climates and thrive in well-drained soils with adequate sunlight.

In addition to their fruit-bearing qualities, citrus trees are also appreciated for their ornamental value. Their glossy foliage, fragrant blossoms, and colorful fruits make them popular choices for landscaping and home gardens.

It’s important to note that caring for citrus trees involves proper irrigation, regular fertilization, and protection from frost in colder regions. Pruning and maintenance practices may also be necessary to ensure healthy growth and fruit production.

Where do citrus trees grow best in Australia?

Citrus trees generally grow best in Australia’s warmer regions, where the climate is suitable for their growth and fruit production. Some of the regions known for successfully cultivating citrus in Australia include Sunshine Coast, Wide Bay-Burnett, Far North Queensland, Northern Rivers region, the Central Coast, Riverland region in South Australia, Murray Valley and Sunraysia regions.

It’s important to consider the specific citrus varieties and their adaptability to local conditions within each region. Local nurseries, horticultural societies, or agricultural extension services can provide valuable guidance on selecting the most suitable citrus varieties for specific locations within Australia.

How long does it take for citrus trees to bear fruit?

The time it takes for citrus tree to bear fruit can vary depending on several factors, including the specific citrus variety, growing conditions, and the age of the tree when planted. In general, most citrus trees take around 3 to 5 years to produce their first significant harvest, although some may bear fruit earlier or later.

Here is a rough timeline of citrus tree fruiting stages:

Young Trees (First Year)

During the first year after planting, it focus on establishing their root system and overall growth. They typically do not produce significant fruit during this stage.

Flowering (Second Year)

In the second or third year, citrus trees may start to produce flowers. These flowers will eventually develop into fruit. However, it’s common for young trees to drop some or all of their first flowers or small fruit as they channel energy towards growth and maturity.

Early Fruit Production (Third to Fourth Year)

As citrus trees continue to mature, they tend to produce a small number of fruit that may ripen and become ready for harvest. The fruit yield during this stage is usually limited.

Full Fruit Production (Fourth to Sixth Year and onwards)

By the fourth to sixth year and beyond, citrus trees generally reach maturity and can produce a more significant harvest. The yield can vary depending on the variety, tree health, and growing conditions. With proper care, mature citrus trees can bear abundant fruit for many years.

It’s important to note that these timelines are approximate, and there can be variations depending on the specific circumstances. Additionally, some dwarf or grafted citrus varieties may have an accelerated fruiting timeline compared to standard-sized trees.

Proper care, including regular watering, adequate nutrition, pest and disease control, and appropriate pruning, can contribute to the health and fruitfulness of citrus trees.

What time of year do you plant citrus trees?

The ideal time to plant citrus is generally during the spring or early fall seasons. Planting during these periods allows the tree to establish its root system before facing the challenges of extreme weather conditions.

In regions with mild climates or Mediterranean-like conditions, spring is often the preferred time for planting citrus trees. This is because the soil is warming up, and the tree can take advantage of the longer, warmer days to initiate growth and establish roots before the arrival of hot summer temperatures.

In cooler regions, early fall can also be a suitable time for planting citrus trees. Planting in early fall allows the tree to benefit from the relatively warm soil and moderate temperatures. It gives the tree a head start in root development before winter arrives, enabling it to establish more effectively when spring comes.

When planting citrus trees, it’s important to consider local climate conditions and frost dates. Avoid planting during periods of extreme heat or frost. It’s also advisable to consult local gardening resources or nurseries to determine the specific planting window that aligns with your region’s climate.

Proper planting techniques, such as selecting a suitable planting location, preparing the soil adequately, and providing sufficient water and care during the establishment phase, are essential for the successful growth and development of citrus trees.

Does citrus tree need too much sun?

Citrus trees generally require a significant amount of sunlight to thrive and produce abundant fruit. Adequate sunlight is essential for the photosynthesis process, which enables the tree to convert sunlight into energy for growth and fruit development.

In general, citrus trees prefer full sun exposure, which means they need at least 6 to 8 hours of direct sunlight per day. This sunlight requirement helps promote healthy foliage growth, flower formation, and fruit ripening.

Insufficient sunlight can negatively impact the growth and productivity of citrus trees. Inadequate light may result in sparse foliage, weak growth, reduced flower production, and lower fruit yields. Fruits may also take longer to ripen and may not reach their full flavor potential.

While citrus trees prefer full sun, they can tolerate some degree of partial shade. Partial shade refers to areas that receive dappled sunlight or filtered light for part of the day. Some citrus varieties may tolerate more shade than others, but they still require a minimum of 4 to 6 hours of direct sunlight to perform well.

If planting citrus trees in areas with limited sunlight, it’s important to choose varieties that are more tolerant of shade and to position the trees in the sunniest part of the available space. Providing optimal sunlight conditions will enhance the tree’s overall health, vigor, and fruit production.

It’s worth noting that while sunlight is crucial for citrus trees, they can benefit from some protection against intense heat, especially in hotter climates. Providing light afternoon shade or utilizing shade cloth during scorching summer months can help protect the tree from heat stress and sunburn.

How much space do citrus trees need?

The amount of space required for citrus trees largely depends on the specific citrus variety and the desired size and shape of the tree. Different citrus varieties have varying growth habits, with some being naturally more compact while others can become larger and more spreading.

In general, citrus trees should be given enough space to accommodate their mature size, ensuring adequate air circulation, sunlight exposure, and ease of maintenance. Here are some general guidelines for spacing citrus trees:

  • Standard-Sized Citrus Trees

Standard-sized citrus trees, such as oranges, grapefruits, and lemons, can grow to a height of 15 to 30 feet (4.5 to 9 meters) and spread out to a similar width. These trees require more space between them, typically 15 to 25 feet (4.5 to 7.5 meters) apart, to allow for proper growth and development.

  • Dwarf and Semi-Dwarf Citrus Trees

Dwarf and semi-dwarf citrus trees, which are smaller in size, are often preferred for smaller gardens or containers. They typically reach heights of 6 to 10 feet (1.8 to 3 meters) and have a narrower spread. These trees can be spaced around 6 to 10 feet (1.8 to 3 meters) apart, depending on the specific variety and desired shape.

When planning the spacing for citrus trees, consider factors such as the accessibility for maintenance activities (pruning, harvesting, etc.), the proximity to structures or other trees, and the desired aesthetic appeal. Providing adequate space between trees allows for better air circulation, reduces the risk of disease transmission, and allows each tree to receive sufficient sunlight and nutrients.

It’s also worth considering the root spread of citrus trees. Citrus trees have relatively shallow root systems, spreading horizontally rather than deeply. Take this into account when positioning trees to avoid interference with structures, walkways, or other plants.

For precise spacing recommendations, it’s advisable to consult local gardening resources, nurseries, or agricultural extension services. They can provide guidance specific to your region and the particular citrus varieties you intend to grow.

What is the lowest temperature citrus trees can handle?

The lowest temperature that citrus trees can handle depends on the specific citrus variety and the duration of cold exposure. While citrus trees are generally considered to be more sensitive to cold temperatures, their tolerance levels can vary.

In general, most citrus trees are considered to be sensitive to freezing temperatures and can be damaged or killed when exposed to prolonged periods of extreme cold. However, there are some citrus varieties that exhibit greater cold hardiness and can tolerate lower temperatures.

Here are approximate temperature ranges for citrus tree cold tolerance

Hardy Citrus Varieties: Some citrus varieties, such as the Satsuma mandarin (Citrus unshiu) and the kumquat (Fortunella spp.), are known for their higher cold tolerance. They can withstand temperatures as low as 20 to 25°F (-6 to -4°C) for short periods without significant damage.

Moderately Cold-Hardy Varieties: Certain citrus varieties, including some lemon (Citrus limon) and lime (Citrus aurantifolia) cultivars, can tolerate temperatures as low as 28 to 32°F (-2 to 0°C) for brief durations. However, prolonged exposure to freezing temperatures can still cause damage to these varieties.

Standard Citrus Varieties: Most standard citrus varieties, such as oranges (Citrus sinensis) and grapefruits (Citrus paradisi), are more sensitive to cold temperatures. They can be damaged or killed when exposed to temperatures below freezing (32°F or 0°C) for an extended period.

It’s important to note that the cold tolerance of citrus trees can be influenced by various factors, including the tree’s age, health, overall hardiness, and environmental conditions leading up to the cold event. Additionally, factors such as wind chill, humidity, and sudden temperature fluctuations can also impact the tree’s ability to withstand cold temperatures.

To protect citrus trees from freezing temperatures, it is advisable to take preventive measures, such as covering the tree with frost blankets or using protective structures during cold snaps. Providing proper insulation and mulching around the base of the tree can also help protect the roots.

Consulting with local gardening resources, agricultural extension services, or citrus experts in your specific region can provide more precise information about cold tolerance and recommended practices for protecting citrus plants and trees during frost or freeze events.

Can you grow full size citrus in pots?

Yes, it is possible to grow full-size citrus trees in pots or containers. Growing citrus in pots is a popular practice, especially in areas with limited garden space or cooler climates where portability and protection from frost are desired.

When growing full-size citrus trees in pots, consider the following:

  • Container Size

Choose a large container with sufficient depth and width to accommodate the mature size of the citrus tree. A container size of 15 to 20 gallons or larger is generally recommended. This allows for adequate root growth and development.

  • Well-Draining Soil

Use a well-draining potting mix specifically formulated for citrus trees or amend regular potting soil with materials like perlite or sand to improve drainage. Good drainage is crucial to prevent waterlogged roots, which can lead to root rot.

  • Sunlight

Citrus trees require ample sunlight to thrive and produce fruit. Place the potted tree in a location that receives at least 6 to 8 hours of direct sunlight each day. Consider rotating the pot periodically to ensure all sides of the tree receive adequate light.

  • Watering and Fertilization

Container-grown citrus trees have specific watering needs. Water the tree thoroughly when the top inch of soil feels dry. Avoid overwatering or allowing the tree to sit in standing water. Regular fertilization with citrus-specific fertilizer is also necessary to provide the necessary nutrients.

  • Pruning and Shaping

Regular pruning is essential for managing the size and shape of the potted citrus tree. Prune to maintain a balanced form, remove dead or damaged branches, and promote airflow within the tree. Pruning can also help control the size and manage fruit production.

  • Winter Protection

In colder climates, potted citrus trees may require winter protection. Move the pot indoors to a well-lit area, such as a heated greenhouse or a sunny spot near a south-facing window. Alternatively, cover the tree with a frost blanket or bring it into a protected area during freezing temperatures.

Growing full-size citrus trees in pots can be rewarding, but it requires attention to watering, fertilizing, and appropriate container size. Regular monitoring for pests and diseases is also important. With proper care, potted citrus trees can thrive and produce delicious fruit, allowing you to enjoy citrus cultivation even in limited spaces.

What is the best fertilizer for citrus trees?

The best fertilizer for citrus trees is one specifically formulated for their nutritional needs. Citrus trees have specific requirements for nutrients, including nitrogen, phosphorus, potassium, and trace elements. Here are some considerations for selecting the best fertilizer for citrus trees:

Balanced NPK Ratio: Look for a fertilizer with a balanced NPK (nitrogen, phosphorus, potassium) ratio specifically formulated for citrus trees. For example, a common ratio for citrus fertilizers is 2:1:1 or 3:1:1. This balanced ratio ensures proper growth, healthy foliage, and optimal fruit production.

Slow-Release Formulation: Opt for a slow-release or controlled-release fertilizer for citrus trees. Slow-release fertilizers gradually release nutrients over an extended period, providing a steady supply of nutrients to the tree. This reduces the risk of over-fertilization and helps avoid nutrient deficiencies.

Micronutrients: Citrus trees require trace elements or micronutrients such as iron, manganese, zinc, and copper. Look for a citrus fertilizer that includes these micronutrients or consider supplementing with a separate micronutrient product as needed.

Organic or Synthetic: You can choose between organic or synthetic fertilizers based on your preferences and gardening practices. Organic fertilizers derived from natural sources provide slow-release nutrients and help improve soil health. Synthetic fertilizers, on the other hand, often offer precise nutrient formulations and fast-acting results.

Application Instructions: Read and follow the fertilizer package instructions carefully regarding the application rate, timing, and frequency. Over-fertilizing can lead to nutrient imbalances, burn the tree’s roots, or cause other issues, so it’s important to apply the fertilizer correctly.

Remember to water the citrus tree thoroughly before and after applying fertilizer to prevent root damage and help nutrients reach the root zone effectively.

It’s also beneficial to periodically test the soil pH and nutrient levels to ensure the tree’s nutrient requirements are adequately met. Soil testing can guide you in making any necessary adjustments or modifications to your fertilization routine.

Consulting with local gardening resources, nurseries, or agricultural extension services can provide specific fertilizer recommendations tailored to your region and the particular citrus varieties you are growing.

Do bees like citrus trees?

Bees are generally attracted to the flowers of citrus trees and play a crucial role in the pollination process. Citrus trees produce fragrant and nectar-rich flowers that are attractive to bees and other pollinators.

The flowers of citrus trees are typically white or pale in color and emit a pleasant aroma. Bees are drawn to the flowers to collect nectar and pollen, which they use as a food source. As bees visit the flowers, they transfer pollen from the male parts (stamens) to the female parts (pistil), enabling fertilization and the development of fruit.

The presence of bees and other pollinators is essential for citrus trees to set fruit and achieve proper fruit development. Without adequate pollination, the fruit yield may be reduced or nonexistent.

If you have citrus trees in your garden, you may observe bees buzzing around the flowers during the blooming period. It’s a positive sign that the trees are attracting pollinators and increasing the chances of successful fruit production.

Encouraging a healthy bee population in your garden can be beneficial for the overall ecosystem and the productivity of your citrus trees. Avoid using harmful pesticides that can harm bees and consider incorporating bee-friendly plants in your garden to provide additional nectar and pollen sources.

Note that while bees are generally attracted to citrus tree flowers, their interest may vary depending on other available nectar and pollen sources in the area and the specific citrus variety you are growing.

How long do citrus trees live?

Citrus trees have the potential for a relatively long lifespan, and with proper care, they can live for several decades. The actual lifespan of a citrus tree can be influenced by various factors, including the specific variety, growing conditions, environmental factors, and overall tree health.

On average, well-maintained citrus trees can live and produce fruit for 30 to 50 years. Some healthy citrus trees have been known to live even longer, reaching ages of 75 years or more. However, it’s important to note that the productivity and vigor of the tree may gradually decline as it ages.

The longevity of citrus trees can be extended through proper care and management. Providing adequate sunlight, well-drained soil, regular watering, and appropriate fertilization helps maintain tree health and vitality. Pruning to remove dead or diseased branches, proper pest and disease control, and protection from extreme weather conditions also contribute to the tree’s longevity.

While citrus trees have the potential for a long lifespan, their productivity may decrease over time, and they may require more maintenance as they age. Some gardeners opt to replace aging citrus trees with new ones to ensure consistent fruit production and healthier trees.

Ultimately, the lifespan of a citrus tree depends on multiple factors, and individual tree longevity may vary. With proper care and attention, citrus trees can provide many years of enjoyment, fruit production, and ornamental value in gardens and landscapes.

How often should you water newly planted citrus trees?

Proper watering is crucial for the establishment and health of newly planted citrus trees. During the initial stages, the frequency of watering should be higher to ensure the tree receives sufficient moisture. Here are some general guidelines for watering newly planted citrus trees:

Initial Watering: After planting the citrus tree, give it a thorough watering to settle the soil around the roots. This initial watering helps eliminate air pockets and promotes root contact with the soil.

Frequent Watering: For the first few weeks after planting, it’s important to keep the soil consistently moist. Water the tree two to three times per week, ensuring the soil remains evenly moist but not waterlogged. The frequency may vary depending on the soil type, weather conditions, and container size (if potted).

Adjusting Watering Schedule: As the tree establishes its roots and starts to grow, gradually reduce the frequency of watering. Transition to a deep watering approach to encourage the roots to grow deeper into the soil. Watering once a week or every 10 days is typically sufficient for established citrus trees, but adjust the schedule based on soil moisture levels and weather conditions.

Monitor Soil Moisture: Check the moisture level of the soil regularly by inserting your finger or a moisture meter into the soil to a depth of a few inches. If the soil feels dry at that depth, it’s time to water. Avoid overwatering, as this can lead to root rot and other issues. Allow the soil to dry slightly between waterings to promote healthy root growth.

Deep Watering Technique: When watering, ensure the water reaches the root zone of the tree. Apply water slowly and evenly around the tree, allowing it to penetrate deeply into the soil. This promotes healthy root development and helps the tree become more drought-tolerant over time.

It’s important to note that the specific watering needs may vary depending on factors such as the climate, soil type, tree size, and overall environmental conditions. Adjust the watering schedule accordingly, and always observe the moisture needs of the tree rather than relying solely on a set schedule.

Proper watering is essential during the first year after planting, as it helps the citrus tree establish a healthy root system and promotes overall growth.

Can citrus trees grow in shade?

Citrus trees generally prefer full sun exposure to thrive and produce abundant fruit. They require a significant amount of direct sunlight to support healthy growth and fruit development. However, some citrus varieties can tolerate partial shade, especially in regions with intense heat or where full sun is limited.

Here are some considerations regarding citrus trees and shade:

Full Sun Preference: Citrus trees perform best in full sun, which means they need at least 6 to 8 hours of direct sunlight per day. Full sun exposure promotes optimal photosynthesis, fruit production, and overall tree vigor.

Partial Shade Tolerance: While citrus trees prefer full sun, certain varieties can tolerate some degree of partial shade. Partial shade refers to areas that receive dappled sunlight or filtered light for part of the day. Shade from nearby buildings, fences, or other trees can provide relief from intense afternoon sun.

Reduced Fruit Production: Citrus trees grown in partial shade may have reduced fruit production compared to those in full sun. The lower light levels can affect the tree’s ability to photosynthesize and may result in fewer flowers or less abundant fruit.

Considerations for Shade: If growing citrus trees in partial shade, choose varieties that are known to have better shade tolerance. Additionally, position the trees in the sunniest part of the available space to maximize light exposure. Prune nearby trees or structures to allow as much light as possible to reach the citrus tree.

Supplemental Lighting: In areas with limited sunlight, such as regions with extended cloudy periods or where shade is unavoidable, consider supplementing with artificial lighting. Grow lights or supplemental LED lighting can provide additional light to compensate for the lack of direct sunlight.

It’s important to note that while citrus trees can tolerate some degree of shade, they still require a minimum amount of direct sunlight to thrive. Insufficient sunlight may result in leggy growth, reduced fruit yield, and less vigorous trees.

Before planting citrus trees in shaded areas, evaluate the specific light conditions and consider the feasibility of providing adequate sunlight. If full sun exposure is limited, it may be more suitable to explore alternative fruit tree options that are better adapted to shade conditions.

How do I know if my citrus tree needs water?

There are several indicators that can help you determine if your citrus tree needs water. Here are some signs to look out for:

Soil Moisture: Check the moisture level of the soil by inserting your finger or a moisture meter into the soil near the base of the tree. If the soil feels dry to the touch about 2 to 3 inches (5 to 7.5 centimeters) below the surface, it indicates that the tree may need watering.

Leaf Appearance: Drooping or wilted leaves can be a sign of water stress. If the leaves appear limp or sagging, it could indicate that the tree is in need of water. However, it’s important to note that citrus trees naturally show some leaf drooping during hot afternoons, which can be temporary and not necessarily indicative of water shortage.

Leaf Color: Citrus leaves that are turning yellow or show signs of browning and drying at the edges can be a sign of both underwatering and overwatering. If the leaves are consistently yellowing or browning, it’s important to assess the soil moisture and adjust watering accordingly.

Soil Dryness: If the top layer of soil feels consistently dry, it’s an indication that the tree needs watering. However, avoid letting the soil completely dry out between waterings, as this can stress the tree.

Fruit Size and Quality: Insufficient water can affect the size and quality of the fruit produced by your citrus tree. If the fruit is smaller than expected or shows signs of wrinkling or poor flavor, it may be an indication that the tree is not receiving enough water.

Remember, it’s important to find a balance in watering citrus trees. Overwatering can lead to root rot and other issues, while underwatering can stress the tree and affect its overall health and fruit production.

Keep in mind that the specific watering needs can vary depending on factors such as the climate, soil type, tree size, and environmental conditions. Adjust the watering schedule based on the tree’s needs and observe the moisture levels of the soil regularly to ensure the tree remains adequately hydrated.

Are citrus trees slow growing?

Citrus trees are generally considered to have a moderate growth rate, rather than being categorized as slow or fast growing. The growth rate of citrus trees can vary depending on several factors, including the specific citrus variety, growing conditions, and cultural practices.

In their early years, citrus trees tend to establish their root system and focus on growth and development. During this stage, the growth rate can be relatively slower compared to when the tree reaches maturity. However, with proper care and favorable growing conditions, citrus trees can exhibit steady growth over time.

The growth rate of citrus trees can also be influenced by factors such as:

Variety: Different citrus varieties have varying growth habits. Some citrus varieties naturally exhibit a more compact growth form, while others may have a more vigorous or upright growth habit.

Environmental Factors: Citrus trees require favorable growing conditions to thrive and grow well. Factors such as sunlight, temperature, soil fertility, and moisture availability can influence the growth rate of citrus trees.

Pruning and Training: Proper pruning and training techniques can also affect the growth rate of citrus trees. Pruning to remove dead or crossing branches, shaping the tree, and maintaining a balanced form can help promote healthier growth and control the overall size of the tree.

It’s worth noting that citrus trees may have slower growth rates in cooler climates or during winter months when growth slows down. However, in warmer regions with longer growing seasons, citrus trees can exhibit more consistent growth.

Overall, while citrus trees are not considered particularly fast-growing, they can establish a healthy growth rate when provided with optimal growing conditions, proper care, and suitable cultural practices.

Is Epsom salt good for citrus trees?

Epsom salt, chemically known as magnesium sulfate, is sometimes suggested as a supplement for citrus trees. It can be used to address specific nutrient deficiencies or promote certain aspects of plant growth. However, the use of Epsom salt for citrus trees is a topic of debate among experts, and its benefits may be limited or unnecessary in many cases.

Here are some considerations regarding Epsom salt and citrus trees:

Magnesium Deficiency: Epsom salt is often recommended to address magnesium deficiencies in plants. If a soil test or visual symptoms indicate a magnesium deficiency in your citrus tree (such as yellowing leaves with green veins), applying Epsom salt may help supplement magnesium levels. However, it’s important to note that magnesium deficiencies are relatively rare in most soils, and other factors could be causing the symptoms.

Soil Testing: Before applying any amendments like Epsom salt, it is advisable to conduct a soil test. A soil test provides accurate information about the nutrient levels in the soil, including magnesium. This helps determine if there is an actual deficiency that requires corrective measures.

Nutrient Balance: While magnesium is an essential nutrient for citrus trees, it is only one of many nutrients they require. Focusing solely on magnesium supplementation without considering the overall nutrient balance may not address potential deficiencies or imbalances in other nutrients.

Potential Risks: Excessive application of Epsom salt can lead to an imbalance of nutrients and potentially harm the tree. Magnesium sulfate can increase the soil’s salinity over time if applied excessively, affecting the tree’s ability to take up water and nutrients properly.

Proper Fertilization: The best approach to ensuring the nutritional needs of citrus trees is to follow a comprehensive fertilization program. Citrus-specific fertilizers formulated to provide a balanced blend of essential nutrients, including magnesium, are available. These fertilizers are specifically designed to meet the needs of citrus trees and are often a more reliable and balanced option than Epsom salt alone.

If you are considering using Epsom salt for your citrus trees, it is recommended to consult with a local horticulture specialist, agricultural extension service, or citrus expert. They can provide specific advice based on your soil conditions, nutrient requirements, and the overall health of your citrus trees.

 

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    4. 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%. Payments received by KPTF shall be credited first against any interest accrued. At the option of KPTF in its absolute discretion, interest may be capitalised monthly. Interest on overdue amounts shall not merge with interest recoverable under a judgment in respect of an action for any overdue account monies.
    5. 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.
    6. Any costs incurred by KPTF in relation to the engagement of debt recovery agencies for outstanding monies will be charged to and recoverable in full from the purchaser.

  5. Credit

    1. Any purchaser wishing to trade with KPTF on any form of credit must fully read and agree to the terms of this Agreement, and complete the application for credit form used by KPTF from time to time in a true and accurate way and return it to KPTF.
    2. KPTF may agree to provide credit or may decline to provide credit to the purchaser without reasons.
    3. 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. KPTF is authorised to make all enquiries about the purchaser in relation to their application for credit and their continued request for credit from time to time.
    4. 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. 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.
    5. Disruption to supply (without liability to KPTF) will occur if the purchaser’s account is overdue at any time whether in whole or part or the credit limit is exceeded. In this case, the account may be placed on hold at the sole and unfettered discretion of KPTF. 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.

  6. Delivery

    1. 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.
    2. KPTF shall not be responsible for unloading goods at the point of delivery.
    3. Where goods are to be delivered to a nominated address KPTF shall be deemed to have delivered the goods in accordance with the contract if it obtains a receipt or signed delivery docket for the goods from any person at that address.
    4. 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 KPTF, KPTF in its sole discretion may store the goods at the purchaser’s risk and expense or take such other steps as it considers appropriate.
    5. 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.
    6. KPTF reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. 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.
    7. 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.
    8. 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.
    9. KPTF shall make all reasonable efforts to meet any date for supply of goods and/or services agreed between KPTF and the purchaser. Where a delay in supply is caused by any act, matter or thing beyond the control of KPTF, including without limitation a variation requested by the purchaser, the time for supply shall be extended by a period agreed between KPTF and the purchaser or, failing such agreement, by a reasonable period. 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.
    10. KPTF may in its discretion supply goods and/or services prior to any agreed date for such supply (including any extensions of that date).
    11. Hold orders (being orders placed by the purchaser but held / stored by KPTF for a period before they are dispatched for delivery to the purchaser (“Hold Orders”)) are offered by KPTF on the following conditions:
      1. Stock will be held for a period of one month (at no cost to the purchaser) from confirmation of the order (“the Free Holding Period”).
      2. If at the time of placing an order a purchaser requires KPTF to retain any or all of the goods beyond the Free Holding Period a deposit of 50% of the total invoice value is required at the time of placing the order.
      3. At the expiration of the Free Holding Period the following amounts are payable:
        (A) A deposit of 50% of the total invoice value is payable on or before close of business on the day after the expiry of the Free Holding Period unless already paid pursuant to clause 5(k)(ii) above; and
        (B) a holding fee equal to 5% of the total invoice value will be charged to the purchaser as a maintenance fee. This fee is charged on the 1st of each calendar month commencing on the first day of the month immediately following the expiry of the Free Holding Period and is due on the first day of each such month or prior to dispatch (whichever comes first).
      4. Goods will not be held beyond one day after the expiry of the Free Holding Period unless a 50%deposit has been received by KPTF on or before the close of business on the day after the expiry of the Free Holding Period.
      5. Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). 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. 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.
      6. 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.

  7. Claims

    1. No claim in relation to damaged goods or shortage of volume, length, quantity or weight may be made unless such claim is made by the purchaser in writing to KPTF within 7 days of delivery of the goods to the purchaser.
    2. KPTF’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.
      1. Goods may only be returned for credit upon the written agreement of KPTF. Written notification of a request for credit must be received by KPTF management within 7 days of delivery of the goods to the purchaser. In all cases the original invoice or delivery docket must be quoted and return freight must be prepaid by the purchaser.
      2. Goods specifically ordered by KPTF for the purchaser will not be accepted for credit.
      3. KPTF reserves the right to charge a restocking fee on goods accepted for credit.
      4. All goods returned for credit must be in their original pack and in a completely resalable condition
      5. KPTF reserves the right to impose special conditions on the return of stock.

  8. Packing

    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. 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. If the purchaser wishes to retain the Rocket Pots © they can be purchased from KPTF for an additional cost which will be provided once written application is made by the purchaser to KPTF. 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.

  9. Warranty

    1. Subject to clause 9(b) KPTF warrants that goods or services supplied by it:
        1. 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.
        2. where the stock purchased does not meet the criteria at 9(i) then on receipt of a claim which must be lodged immediately on delivery of the goods and by no later than one business day after delivery, KPTF will, at their discretion, replace the goods and or refund the purchase price.

      The purchaser shall immediately notify KPTF in writing of any defect in the goods supplied by KPTF. The purchaser shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of KPTF to do so. 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).

    2. The warranty referred to in clause 9(a) does not apply to goods which:
      1. 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. No warranty is given in respect of plant growth or description. Responsibility and liability for the goods ends for KPTF when goods are received and accepted by the purchaser.
      2. the defect arises from any act, matter or thing beyond the control of KPTF or the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising;
      3. the purchaser has in any way modified, serviced or repaired the goods without KPTF’s prior written consent;
      4. the purchaser has not complied with any written or oral instructions from KPTF concerning the planting and storing of the goods; or
      5. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate.
    3.  The goods shall be warranted by KPTF only to the extent that they are warranted by the supplier or manufacturer of them and KPTF is able to pass on the benefit of such warranty to the purchaser. The period of such warranty shall not in any event, however, exceed the applicable period set out in clause 9(a). The purchaser must address issues relating to a manufacturer’s warranty with the manufacturer on the terms of that warranty.
    4. 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.
    5. Where such a course is permitted by law, the warranty referred to in clause 9(c) will not apply where:
      1. the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising;
      2. KPTF’s ability to supply services is adversely affected by:
        (A) defects in any materials supplied by the purchaser or a design or drawings provided by the purchaser; or
        (B) any act, matter or thing beyond the reasonable control of KPTF; or
      3. the purchaser is in default in the observance or performance of any provision of the Agreement to which such services relate.
    6.  Where the purchaser acquires goods under an agreement for the purpose of resupply (including by way of hire or rental) to a consumer within the meaning of the ACL, the purchaser shall ensure that at or before the time such goods are acquired by the consumer it has provided the consumer a written notice of the current period, if any, during which KPTF’s warranty in respect of such goods, as set out in the relevant provision of this clause 9, is available to the consumer.
    7. 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.

  10. Limitation of Liability

    1. 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.
    2. Any purchaser of goods or services from KPTF agrees to release, hold, harmless and indemnify KPTF, its officers, employees, servants, agents contractors, successors, heirs and assigness from and against all liabilities, claims, damages, losses, costs and expenses of whatsoever nature and howsoever occurring including without limitation loss of market, loss of profit, loss of use, loss of production or for any financial or economic loss including indirect or consequential loss or damage which may be suffered by the purchaser or by any third party arising out of or in any way connected with the supply of the goods or the performance of services by KPTF, by reason of breach of these terms and conditions of sale, or of statutory duty or by reason of tort (including but not limited to negligence).
    3. Except as otherwise expressly provided in these conditions and subject to clause 10(d), all statements, representations, provisions, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law or otherwise) relating to any quotations or tenders submitted by KPTF, orders accepted by KPTF, goods (whether as to their quality or merchantability, fitness for any purpose, correspondence with any description or sample or otherwise) and/or services or their supply, being provisions which might otherwise form part of these terms and conditions of sale or any agreement or be collateral to form part of any agreement that is collateral to these terms and conditions of sale or any agreement, are hereby excluded in their entirety and are of no effect whatsoever.
    4. The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give the purchaser other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. 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. Except as expressly set out in this Agreement and the Australian Consumer Law, KPTF makes no warranties or other representations under this Agreement. KPTF’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. 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:
      1. the application in relation to the supply of goods and/or services ofany provision of the ACL;
      2. the exercise of any right conferred by any such provision, or
      3. any liability of KPTF for bfreach of a condition or warranty implied by any such provision.
    5. Without limiting clause 8(d), where KPTF sells goods to the purchaser, and the purchaser purchases them as a consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below.
    6. KPTF’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. The purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The purchaser is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where KPTF is permitted under the ACL to limit its liability for breach of a condition or warranty that is implied by the ACL, KPTF’s liability shall be limited at KPTF’s sole discretion to:
      1.  in the case of goods:
        1. the replacement of the goods or the supply of equivalent goods; or
        2. the repair of the goods; or
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired;
      2.  in the case of services:
        1. the supply of the services again by KPTF; or
        2. the payment of the cost of having the services supplied again.
    7.  To the full extent permitted by law:
      1. the purchaser acknowledges that it relies on its own skill and judgment in relation to goods and/or services supplied to it by KPTF; and
      2. 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.
      3. All liability of KPTF shall cease at the end of the warranty period as stated in clause 9(a) and no claim shall be made against KPTF after that date.
    8.  To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied, or applied, and whether given by KPTF, the manufacturer or a third party) and any obligation of KPTF to repair or replace any goods are void in respect of any goods which the purchaser tampers with or alters.
    9.  In this clause, “consumer” means:
      1. a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or
      2. a person acquiring Goods at a price not exceeding $40,000; or
      3. the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads,
        but excludes a person acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of:
      4. re-supply; or
      5. using them up or transforming them, in trade or commerce, in the course of a process or production or manufacture or in the course of repairing or treating other goods or fixtures on land.

  11. Passing of Title

      1. Notwithstanding that the purchaser has possession of the goods, title to the goods remains with KPTF, and no legal or equitable interest or property in the goods whatsoever will pass to the purchaser, until:
        1. the full amount for the goods has been paid to KPTF; and
        2. there is no money owing by the purchaser to KPTF for any other goods delivered by KPTF or on any account whatsoever;
        3. the purchaser has met all other obligations due by the purchaser to KPTF and paid all monies due by the purchaser to KPTF in respect of all contracts for goods and/or services between the purchaser and KPTF.
      2.  Payment is not deemed to have occurred until funds have cleared in KPTF’s account. Until title and property in the goods passes:
        1. the purchaser must hold the goods as bailee for KPTF, 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 KPTF, and refrain from mixing or intermingling the goods with any goods owned by the purchaser or by any other person;
        2. the purchaser acknowledges that a fiduciary relationship exists between the purchaser and KPTF 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 KPTF.
      3.  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:
        1. such disposals are in the ordinary course of the purchaser’s business; and
        2. no event as specified in clause 14(a) has occurred. The purchaser must not deal with those goods if both conditions are not met. 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.
      4.  The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 11(c):
        1. the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by KPTF promptly upon request; and
        2. the purchaser must hold the assigned proceeds on trust for KPTF and separate from its own monies, and must account to KPTF for those proceeds. 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). 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.
      5.  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:
        1. 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;
        2. 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. 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.
      6.  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).
      7.  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.
      8.  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.

  12. Drawings, Documentation and Information

    1. 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.
    2. Any drawings or other documents submitted and any information supplied by KPTF to the purchaser remains the property of KPTF and constitutes confidential information of KPTF (to the extent that it is not in the public domain) and the purchaser shall keep all such confidential information confidential and shall not use such drawings, documents and information for any purpose other than that stipulated by KPTF nor provide the same to third parties.
    3. 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.
    4. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances.

  13. Subject and Limit of the Offer

    1. Following its submission of a quotation or tender or its acceptance of an order KPTF shall not be required to comply with any additional standards, specifications, rules or other requirements whatsoever whether proposed by the purchaser or otherwise and if any such additional standards, specifications, rules or other requirements are proposed to apply to such quotation or tender or order KPTF reserves the right to decline to proceed with the quotation or tender or fill the order, vary the quotation or tender or order, or adjust the price of the goods and/or services the subject of the quotation or tender or order, in its sole discretion.
    2. 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.
    3. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning.
    4. Unless expressly stated in a quotation or tender the price of goods and/or services does not include training of the purchaser’s employees, servants or agents by KPTF.
    5. 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.

  14. Termination

    1. KPTF may terminate any agreement without notice if the purchaser:
      1. is in breach of any term of the agreement and fails to remedy the breach within 14 days of notice in writing by KPTF specifying the breach and requiring the purchaser to remedy it;
      2. fails to make payment to KPTF in accordance with this Agreement or a payment or amount payable by the purchaser to KPTF is overdue in whole or part;
      3. 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 KPTF 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 KPTF to supply services the subject of the agreement and such failure or refusal continues for a period of 14 days after KPTF has notified the purchaser that it is ready, willing and able to supply such services; or
      4. 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.
    2.  In the event of such termination:
      1. notwithstanding any provision of this Agreement to the contrary and notwithstanding that any period of credit previously granted by KPTF may not have expired, all amounts payable to KPTF in respect of any goods and/or services supplied by it to the purchaser shall be immediately due and payable; and
      2. KPTF shall, after taking into account payments made by the purchaser to KPTF, 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
      3. the purchaser shall be liable for and shall pay to KPTF on demand any direct and indirect loss suffered by KPTF including without limitation KPTF’s loss of profit on the agreement and all costs and expenses incurred or charged to KPTF (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
      4. 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.
      5. KPTF may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser.
    3.  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.

  15. Intellectual Property

    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.

  16. KPTF’s Obligations

    Notwithstanding any other provision of these terms and conditions of sale if the purchaser breaches a term of an agreement KPTF shall not be bound to perform its obligations under that agreement until the breach is remedied by the purchaser.

  17. Severance

    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.

  18. Waiver

    Any waiver or purported or implied waiver by KPTF of strict compliance with these terms and conditions of sale shall not be deemed a waiver unless it is in writing and signed by an authorised officer of KPTF and shall not prejudice the rights of KPTF in respect of any breach of these terms and conditions of sale to which such waiver does not specifically relate.

  19. Proper Law

    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.

  20. Vienna Convention

    The United Nations Convention on Agreements for the International Sale of Goods (“the Vienna Convention”) shall not apply to any agreement entered into between KPTF and the purchaser.

  21. Dispute Resolution

    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.

  22. Survivorship

    Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement.

  23. Force Majeure

    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.

  24. Privacy Act Consent – Credit Reports

    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:

    1. may give certain information about them to related bodies corporate of KPTF, a credit reporting agency, other credit providers, collecting agencies of legal firms (some being located in foreign countries) in order to obtain a credit report about them or to recover money which is due and payable from them. (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
    2. 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 information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Privacy Act to obtain or receive.)

  25. Personal Property Security Act

    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”). 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).
    The purchaser agrees and acknowledges that:

    1. 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;
    2. 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;
    3. the purchaser contracts out of and waives its rights under the following provisions of Chapter 4 of the PPSA:
      1. receive a notice of intention of removal of accession (section 95);
      2. to receive a notice that KPTF decides to enforce its security interest in accordance with land law (section 118);
      3. to receive notice on enforcement of security interests in liquid assets (section 120);
      4. to receive a notice of enforcement action against liquid assets (section 121(4));
      5. to receive a notice to seize collateral (section 123);
      6. to receive notice on enforcement of security interests in liquid assets (section 125);
      7. to receive a notice of disposal of goods by KPTF purchasing the goods (section 129);
      8. to receive a notice to dispose of goods (section 130);
      9. to receive a statement of account following disposal of goods (section 132(2))
      10. to receive a statement of account if no disposal of goods for each 6 month period (section 132(4));
      11. to receive notice for KPTF to retain goods (section 134(2));
      12. to receive notice of any proposal of KPTF to retain goods (section 135(2));
      13. to object to any proposal of KPTF to either retain or dispose of goods (section 137(2));
      14. to redeem the goods (section 142);
      15. to reinstate the security agreement (section 143); and
      16. to receive a notice of any verification statement (see section 157(1) and section 157(3).
    4.  Where KPTF has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
    5.  Until ownership of the goods passes, the purchaser must not give KPTF a written demand or allow any other person to give KPTF a written demand requiring KPTF to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the Act.
    6.  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.
    7.  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.

  26. Confidentiality

    1. Except as required by law, this Agreement and subject to the PPSA, KPTF and the purchaser agree to treat these terms and conditions as confidential.
    2. KPTF 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.
    3. 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.

  27. Refund Policy

    KPTF will refund a purchaser when

    1. the claim for refund is made within 14 days of the invoice date;
    2. in the case where the refund relates to a return of goods, the goods must not have been purchases by KPTF specifically to fill a purchaser’s order;
    3. the goods must be returned in the original packaging (if applicable):
    4. the goods must not be damaged:
    5. the goods must not have been used or exhibited, in the opinion of a KPTF Manager. Any evidence of use and the goods must be accompanied by the original KPTF invoice under which they were purchased by the purchaser. 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. In all cases the final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the KPTF Manager or Director.Additional Conditions Applicable To Contracts Relating To Or Including Installation, Planting, Erection Or Commissioning Of Goods.

  28. Access To Site

    1. The purchaser shall permit KPTF such access to the site as KPTF requires to perform its work under the agreement and shall take all reasonable measures to avoid interference with the work of KPTF including, without limitation, coordinating KPTF’s work with that of others on the site.
    2. The purchaser shall provide without cost to KPTF every facility for the performance of KPTF’s work under the agreement including, without limitation, providing proper foundations to receive the goods the subject of the agreement (in clauses 28 and 29 called “the goods”), adequate cranage, lifting tackle and scaffolding and suitable protection for the goods from the time of delivery until the time of taking over and the proper fencing, lighting and guarding of the goods until the time of taking over.

  29. Time of Taking Over

    1. Notwithstanding any other provision of these terms and conditions of sale or otherwise, the goods shall be deemed to have been delivered and taken over by the purchaser at the conclusion of the delivery (which includes but is not limited to collection by or on behalf of a purchaser),

    The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services.

    The purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it.

    The Purchaser acknowledges and warrants that the person signing this Agreement on behalf of the purchaser has full power and authority to sign this Agreement on behalf of the purchaser and is duly authorized to do so.

    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.