Subject to clause 1(e) a quotation or tender submitted by KPTF shall remain valid for 30 days from the date of such quotation or tender.
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.
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).
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.
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.
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.
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.
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.
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.
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.
Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement.
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.
The purchaser (and each of its individual directors, partners or proprietors) and each person signing as guarantor of the purchaser’s obligations under the credit application (each a “Guarantor”) acknowledges and agrees that KPTF and any related bodies corporate:
The purchaser agrees and undertakes to do anything KPTF requires (such as obtaining consents and signing and producing documents) in connection with the registration of this document or any other document on any register established pursuant to the Personal Property Securities Act 2009 (Cth) as amended from time to time (the “PPSA”). 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:
KPTF will refund a purchaser when
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.