The Black Tulip has maintained a fabulous reputation, and is celebrating 36 years this year. We utilise green life freight companies to deliver beyond that point into country Victoria, New South Wales, South Australia and Queensland. This stunning hybrid has deep burgundy tulip-shaped flowers that appear in early spring before its 4- to 6-inch-long leaves unfurl. It features dramatic, goblet-shaped blooms of black-purple color, up to 6" across on quick-to-flower small trees. 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. Subject to clause 9(b) KPTF warrants that goods or services supplied by it: will be true to name and of good health at the earlier of the time of collection or on behalf of the purchaser or delivery. - leading plant nursery Melbourne offering Australian wide delivery. these terms and conditions constitute a security agreement for the purposes of section 20 of the PPSA and that a security interest exists in all goods (and their proceeds) previously supplied by KPTF to the purchaser pursuant to this Agreement and in all future goods (and their proceeds) including commingled goods; where the purchaser is paid in respect of the goods so delivered, the purchaser must, as KPTF’s fiduciary, keep any such proceeds in a separate account and account to KPTF in respect of those proceeds; the purchaser contracts out of and waives its rights under the following provisions of Chapter 4 of the PPSA: receive a notice of intention of removal of accession (section 95); to receive a notice that KPTF decides to enforce its security interest in accordance with land law (section 118); to receive notice on enforcement of security interests in liquid assets (section 120); to receive a notice of enforcement action against liquid assets (section 121(4)); to receive a notice to seize collateral (section 123); to receive notice on enforcement of security interests in liquid assets (section 125); to receive a notice of disposal of goods by KPTF purchasing the goods (section 129); to receive a notice to dispose of goods (section 130); to receive a statement of account following disposal of goods (section 132(2)). 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. 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. Magnolia × soulangeana 'Black Tulip' mag-NO-lee-ah ex soo-lan-jee-AY-nah. 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: 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”). 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”). 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. 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: such disposals are in the ordinary course of the purchaser’s business; and. The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 11(c): the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by KPTF promptly upon request; and. This is the third Jury hybrid to be acknowledged (earlier awards were given to Athene & Milky Way). Bred in New Zealand by leading Magnolia breeders, Felix and Mark Jury, Magnolia Black Tulip is glorious. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. 4 years ago. In this case, the account may be placed on hold at the sole and unfettered discretion of KPTF. 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. NOTE: Stock displayed on the website does not necessarily represent what is available due to seasonality and stock turn over. 'Black Tulip' makes an excellent small specimen tree, can be topped to form a hedge, and works well in large containers. Pruning group - Pruning group 1 Suitable for: Deciduous and evergreen trees, and some deciduous shrubs. Australia's leading conifer grower of Dwarf Conifers, Screening Conifers, Pencil Conifers, Deciduous Conifers etc. 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). Also a large range of Japanese Maples, Weeping Maples, Magnolias, Dogwoods, Crepe Myrtles, Crab Apples, Azaleas, Camellias, Rhododendrons and Buxus. Black Tulip Magnolia >> Magnolia x soulangeana ‘Black Tulip’ A slow growing compact tree that produces more blooms with age. To the extent that there is any inconsistency existing between any terms and conditions appearing in a purchaser’s order or any other document and these terms and conditions of sale then these terms and conditions shall only apply and the acceptance by a purchaser of the supply by KPTF of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by KPTF of such goods and/or services solely on these terms and conditions of sale. Height: 5m Width: 1.5m Form: An compact tree with an open habit. 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. Payment is not deemed to have occurred until funds have cleared in KPTF’s account. KPTF may terminate any agreement without notice if the purchaser: 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; 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; 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. a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or, a person acquiring Goods at a price not exceeding $40,000; or. For direct deposits a faxed copy of the lodgment receipt must be received by KPTF prior to the dispatch of goods. there is no money owing by the purchaser to KPTF for any other goods delivered by KPTF or on any account whatsoever; 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. 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 purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it. 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. Online Plants 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. This Agreement replaces and supercedes in their entirety any previous communications, representations, inducements, undertakings, agreements, arrangements and terms and conditions of sale published, issued or used whether in writing or otherwise between KPTF or any division or subsidiary of KPTF and the purchaser or their respective officers, employees or agents, in respect of the supply of goods and/or services by KPTF. 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. 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 final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the KPTF Manager or Director. 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. 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. Magnolia Vulcan. ... roll on summer when most of these beauties will be ready for sale. 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. KPTF reserves the right to charge a restocking fee on goods accepted for credit. 5mx2m. 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. 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