This tree is useful for a tall form effect in a small garden or landscape at the same time as offering shelter and privacy. Until ownership of the goods passes, the purchaser must not give THE TREE SHOP a written demand or allow any other person to give THE TREE SHOP a written demand requiring THE TREE SHOP 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. Provides autumn interest in the garden as it changes from dark green to yellow. Where any products are delivered in Rocket Pots ©, THE TREE SHOP requires that all Rocket Pots © be returned back to THE TREE SHOP (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 THE TREE SHOP on demand, the replacement cost of the same quantity of Rocket Pots © the purchaser failed to return within the said 60 days. The purchaser shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of THE TREE SHOP to do so. 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 THE TREE SHOP and any related bodies corporate: The purchaser agrees and undertakes to do anything THE TREE SHOP 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”). Any evidence of use and the goods must be accompanied by the original THE TREE SHOP invoice under which they were purchased by the purchaser. With age, it will reach a height of forty feet tall and have a spread of thirty feet. Height: 8-10m. . WIDTH: 4.0m. Any order or offer made by any purchaser shall not be binding on THE TREE SHOP until accepted by THE TREE SHOP in writing (which includes but is not limited to the issuing of an invoice by THE TREE SHOP) or in such manner as THE TREE SHOP in its sole discretion determines. The total debts owing by the purchaser to THE TREE SHOP will be reduced by the proceeds of sales for which the purchaser has accounted to THE TREE SHOP in accordance with this clause 11(d). In no event shall THE TREE SHOP incur any liability due to any failure on its part to supply goods/and or services by an agreed date. Growing to … Ovate, sharply-toothed, dark green leaves (to 5” long) are clean and attractive throughout the growing season with little susceptibility to … Uses: Beautiful upright, deciduous tree with oval habit at maturity. An exceptional screening or hedging plant for cool climates where other varieties struggle, Carpinus betulus ‘Fastigiata’ is as at home in a classic old-world garden as it is in a contemporary setting. The American hornbeam (Carpinus caroliniana) is a deciduous hardwood shade tree that's native to eastern North America.It is part of the Betulaceae (birch) family and has several nicknames, including blue beech, muscle beech, water beech, muscletree, musclewood, and ironwood. Widely used throughout Europe, this narrow small tree is eye catching when clipped into a hedge, and elegant as a perfectly proportioned tree. four It is agreed that by the disposal of such goods, the purchaser assigns to THE TREE SHOP (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. 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. Carpinus betulus (Common or European Hornbeam) FEATURED TREE Notes A graceful tree that is an under utilised in Australian landscapes. Deciduous tree, 30-50 ft (9-15 m), initially columnar but soon becoming oval-vase shaped, very symmetrical, no central leader. 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). Where a delay in supply is caused by any act, matter or thing beyond the control of THE TREE SHOP, including without limitation a variation requested by the purchaser, the time for supply shall be extended by a period agreed between THE TREE SHOP and the purchaser or, failing such agreement, by a reasonable period. 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, THE TREE SHOP will, at their discretion, replace the goods and or refund the purchase price. In this case, the account may be placed on hold at the sole and unfettered discretion of THE TREE SHOP. 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. 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. ‘Fastigiata’ European hornbeam, the most common cultivar sold, grows 30 to 40 feet tall and 20 to 30 feet wide, without a central leader but instead fans out into a very densely foli- ated, columnar or oval-shaped tree, making it ideal for use as a hedge, screen, or windbreak. Without limiting clause 8(d), where THE TREE SHOP 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. Subject to clause 1(e) a quotation or tender submitted by THE TREE SHOP shall remain valid for 30 days from the date of such quotation or tender. A spectacular conical pillar of deep green foliage. Any costs incurred by THE TREE SHOP in relation to the engagement of debt recovery agencies for outstanding monies will be charged to and recoverable in full from the purchaser. Should THE TREE SHOP 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 THE TREE SHOP 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 THE TREE SHOP 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. Awards Award of Garden Merit from the Royal Horticultural Society. 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. Grows more pyramidal with age. 2005 - Growing to a height of 6m and a width of 4m. THE TREE SHOP may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser. In the event the purchaser neglects or fails to deliver such document(s), the purchaser hereby appoints THE TREE SHOP to be the purchaser’s lawful attorney for the purpose of executing and registering such document(s). 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. Thus, any inclination to use this as a street tree should be avoided. “goods” means the goods or products supplied or sold by THE TREE SHOP to the purchaser from time to time. One of the best columnar trees for general garden usage. THE TREE SHOP reserves the right to impose special conditions on the return of stock. 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. (The information which may be given is covered by s20 of the Privacy Act 1988 (Cth)(the “Privacy Act”) and may include, as relevant, identity particulars and the fact that the purchaser has applied for credit or the Guarantor has offered to act as a guarantor); and, may in assessing whether to grant the purchaser’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider. The purchaser shall not (nor shall it be entitled to) set off or deduct from any amount payable to THE TREE SHOP under any agreement, any amounts payable by THE TREE SHOP to the purchaser under these terms and conditions of sale or any agreement. $144.00. 12 THE TREE SHOP reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. This densely conical form of Hornbeam is a fantastic very hardy narrow growing deciduous tree. Carpinus betulus, the European or common hornbeam, is a species of tree in the birch family Betulaceae, native to Western Asia and central, eastern, and southern Europe, including southern England. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning. $87.08. The warranty referred to in clause 9(a) does not apply to goods which: are affected by any conditions beyond the control of THE TREE SHOP including but not limited to watering, soil preparation, drainage, planting and handling procedures, mulching, insect damage, site suitability, climate and weather. Withstands heavy pruning. 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. In Australia the upright form Carpinus betulus ‘Fastigiata’ is the most popular. 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. Any purchaser of goods or services from THE TREE SHOP agrees to release, hold, harmless and indemnify THE TREE SHOP, 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 THE TREE SHOP, 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). Old trees may reach 30-40' tall. 7.2 litre container The average plant height is 180 cm. 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. 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