685 Mickleham Road Greenvale 3059 Melbourne, Australia 03 9333 3736 HOME ABOUT US CONTACT DECORATIVE SCREENS FENCING PRODUCTS ARTIFICIAL TURF PLANT CARE WATER FEATURES SPA / POOL CHEMICALS GRASS TREES PALM TREES AQUASPA SPA ANTI FOAM HOT TUB ANTI FOAM Description Postage Payment Pick Up Terms & Conditions Aquaspa Spa Anti Foam 500mL This product is a powerful anti foaming agent. Add if foaming occurs in your pool or spa Eliminates and prevents foaming and keeps bathing water sparkling and clear Do NOT overdose chemicals (MORE is NOT BETTER) always follow dosage directions LOCAL PICK-UP & DELIVERY AUSTRALIA WIDE! Unless otherwise stated, your item will be shipped 24 to 48 hours after we have received and confirmed your payment in our system (payments made on after 1pm Friday or on Saturday or Sunday won't be processed until Monday). Please allow up to 7-10 working days for delivery once the item has been shipped. We ship through nationwide services and choice of carrier is not available and is dependent on product size and destination.
You are more than welcome to organise your own freight - contact us for item dimensions/weights. Please let us know if you have any delivery instructions e.g. "Leave under carport" Please include a mobile number to assist with any delivery challenges. Pay on Pickup / PayPal / Bank Transfer Pickup 7 days a week from 9am till 5pm (payments must be finalised by 4pm Friday for Weekend Pickups) "Palm Place" means Rock Werx Pty Ltd trading as Palm Place Nursery (ABN phone) and all related entities or assigns; "Contract" means the contract referred to in Clause 2 "Customer" means the person or entity acquiring or offering to acquire Products from Palm Place and where there is more than one Customer, the Customer's covenants and obligations are joint and several; "Products" means all products supplied or to be supplied by Palm Place to the Customer. "Conditions" means these Terms and Conditions of sale as amended, altered or varied by Palm Place in writing from time to time. 1.
APPLICATION OF CONDITIONS Unless otherwise agreed in writing by Palm Place, these Conditions will apply to all quotations, orders and offers in relation to the Products and the sale, supply and replacement of all Products and will take precedence over any inconsistent provisions in any Customer order. 2. ORDERS AND CONTRACT 2.1 Each order by a Customer is subject to acceptance or rejection by Palm Place and is not binding on Palm Place prior to Palm Place's acceptance of it. Palm Place's written acceptance of an order and these Conditions will constitute the entire agreement of the parties in relation to the subject of that order ("Contract") and may only be varied in writing signed by the parties. No order may be cancelled after acceptance by Palm Place without Palm Place's prior written consent. 2.2 Cancellation of an order by the customer after Palm Place's written acceptance of the same and without Palm Place's prior written consent will result in the Customer having to pay the full amount of the order. 3.
PRICES 3.1 Prices quoted by Palm Place for the Products will apply for a period of 14 days from the date of quotation subject to Palm Place's right to make any changes necessary to correct errors or allow for increases in the cost of labour, materials, freight or insurance and tax as imposed by any competent Government Authority, taking effect prior to the date of delivery. 3.2 The quoted price is exclusive of all taxes, duties and charges of any kind, which may be added to the price at Palm Place's option. 4. DESCRIPTION OR SAMPLE Any description or sample of Products given by Palm Place is for identification purposes only and does not constitute the Contract or a sale by description or sample. 5. TITLE AND RISK 5.1 All Products sold are at the risk of the Customer from the time the Products leave Palm Place's premises. Notwithstanding delivery and the passing of risk, title in the Products will not pass to the Customer until payment in full for those Products has been received by Palm Place, and all cheques and other negotiable instruments have been cleared.
Until that time: a) the Products are held by the Customer as fiduciary bailee of Palm Place; b) the Customer must store the Products separately and so that they are readily identifiable as the property of Palm Place; and c) the Customer irrevocably authorises the representatives c/- Palm Place to enter upon the Customer's premises where the Products are stored, or are thought by Palm Place to be stored, for the purpose of repossessing them and subsequently reselling them. 5.2 The Customer indemnifies Palm Place against any loss or damage arising in relation to the Products prior to title in the Products passing to the Customer. 6. DELIVERY 6.1 Palm Place's policy is to arrange for delivery goods ordered by the Customer at the front of the Customer's premises. In the event that the Customer specifically requests Palm Place or its authorised common carrier / delivery representative to enter the Customer's premises to drop off goods ordered, then Palm Place and / or its authorised common carrier / delivery representative takes no responsibility nor liability for any damage incurred to the Customer's premises or persons by reason of the delivery. 7. CLAIMS The Customer will be deemed to have received and accepted the Products in good condition unless Palm Place receives a substantiated written claim as to any defects, damage, shortage, non delivery and other non conformity with the Contract within 7 days from the date of receipt of the Products by the Customer or its representative. 8.
PAYMENT 8.1 Credit will be granted at the discretion of Palm Place and the following terms for payment set out in this clause will then apply. Otherwise, cash or bank transfer must be paid for the Products at the time they are delivered to the Customer. 8.2 Payment must be made by the Customer to Palm Place by the due date. Payment must be received within thirty days from the statement date. No discount will be allowed for early payment unless specifically provided on the invoice.
8.3 Payment must be made by the Customer to Palm Place in cash or any other form approved by Palm Place. 8.4 Any payment outstanding after the due date specified in the relevant invoice will without prejudice to any other right or remedy available to Palm Place, incur interest at a rate of 2% per calendar month on the unpaid balance from the due date until the date on which payment in full is received. 8.5 The Customer has no right to set-off payment of any amounts due to Palm Place. 9. DELAY 9.1 Any delivery dates are estimates only and although Palm Place will endeavour to meet these dates, Palm Place will not be liable for any delay in delivery arising from any cause whatsoever. Any failure on the part of Palm Place to deliver within the time stated will not entitle the Customer to repudiate the Contract in whole or in part.
9.2 Without limiting clause 8.1 above, Palm Place will not be under any liability in respect of any delay in delivery arising from any force majeure occurrence not within the reasonable control of Palm Place, including but not limited to industrial or labour disputes, riots, mobs, fires, floods, wars, civil strife, embargoes, shortages of labour, materials, power, fuel or means of transportation, whether affecting Palm Place or any supplier or subcontractor or for circumstances caused by reasons of law, regulations or orders of any government or competent authority. Palm Place may delay its obligations under the Contract for as long as the force majeure occurrence continues and may make partial delivery to the Customer in proportions that are reasonable under the circumstances. 10. TERMINATION If: (a) the Customer breaches any provision of the Contract or any other contract with Palm Place; or (b) the Customer assigns any of its property for the benefit of creditors; or (c) the Customer becomes subject to any form of insolvency administration including without limitation, the appointment of a receiver, receiver and manager, liquidator, provisional liquidator or administrator; or (d) any step is taken by a mortgagee to exercise its right to take possession of the property of the Customer. Palm Place may terminate or suspend performance of this Contract or any other contract with the Customer, without further notice to the Customer, may require payment of cash in advance of delivery and will be entitled to payment for any Products already delivered or for work in progress performed in pursuance of the Contract at a reasonable rate. This clause does not limit any other remedy that may be available to Palm Place including compensation for any loss or damage suffered by it. 11.
ARBITRATION Any dispute or difference in connection with the Contract must be submitted to arbitration in accordance with the Arbitrators Australia Rules for the Conduct of Commercial Arbitrations. 12. REPRESENTATIONS The Customer acknowledges that, other than as expressly set out in the Contract, neither Palm Place nor any person acting Palm Place's behalf has made any representations or given any promise or undertaking in relation to the storage supply or quality of the Products. 13. AGENT'S WARRANTY Any person contracting to purchase or purchasing Products on behalf of the Customer warrants and guarantees that he or she has the authority to bind the Customer to the Contract. 14. PRODUCT WARRANTY AND LIABILITY 14.1 Subject to the exceptions specified in clause 13.3. Palm Place warrants that all Products manufactured by Palm Place or its suppliers will be free from defects for 7 days from the date of first delivery unless otherwise advised by Palm Place in writing.
If any Product proves to be defective within the period specified in this clause, Palm Place will, at its option and to the exclusion (to the extent permitted by law) of any other remedy. (a) replace the defective Product; or (b) credit the Customer with such amount as Palm Place in its sole discretion considers reasonable having regard to the price paid for the Product and the circumstances under which it became defective. 14.2 Products replaced will be supplied on the same conditions and with the same warranty (commencing on the date of delivery of the replaced Product) as the original Product. 14.3 This warranty will not apply to any defect resulting from: (a) an accident; (b) misuse or other unsuitable or unauthorised use of the Product or negligence or error in storing, maintaining or handling the Product or equipment used in association with the Product; (c) modifications or changes to the Products without Palm Place's prior written authorisation; or (d) any other unauthorised act or fault by the Customer or a third party. 14.4 Except as provided in the Contract, Palm Place makes no express warranties in respect of the Products.
To the extent permitted by law, Palm Place excludes all implied warranties in respect of the Products that would otherwise be implied by law into the Contract. 14.5 To the extent permitted by law, Palm Place excludes all liability for any damage, whether direct, indirect, special or consequential, arising in any way out of the use or in relation to the Products. 14.6 Where the proceeding paragraph is not legally enforceable and to the extent permitted by law, Palm Place's liability for breach of any warranty or any item implied by law into this Agreement is limited to the cost of replacing the Products or acquiring equivalent Products, whichever is the lower. 15. WAIVER Any failure by Palm Place to insist on strict compliance with the Contract or any delay by Palm Place in exercising its remedies under the Contract will not constitute a waiver of any provision of the Contract or a waiver of any remedy available to Palm Place. 16. APPLICABLE LAW The Contract will be governed by and construed in accordance with the laws of Victoria, Australia , and the Customer submits to the jurisdiction of the Courts of Victoria including all courts of appeal. 17.
ASSIGNMENT AND SUB-CONTRACTING Palm Place may assign the Contract and may sub-contract the manufacture and supply of all or any part of the Products to any other person or entity. 18. GENERAL These Terms and Conditions of Sale are subject to change, without notice. 19. REFUNDS AND RETURNS 19.1 Palm Place will only offer a refund or return in accordance with its minimum statutory requirements prescribed under the Australian Consumer Law and will only do so if the Customer has kept proof of purchase – e.g. A receipt. 19.2 Palm Place is not required to provide a refund or replacement if the Customer changes its mind. 20.
classifieds board SALES 20.1 All pages, documents, design, layout, text, on-line graphics and codes ("material") contained on Palm Place's classifieds board listings is protected by copyright law in Australia and through international treaties, in other countries. Copyright ownership of this material resides with Rock Werx Pty Ltd trading as Palm Place Nursery. 20.2 All material in the classifieds board listings was developed by Rock Werx Pty Ltd and Rock Werx Pty Ltd maintains all rights in these listings and material. Rock Werx Pty Ltd prohibits any other parties from altering these listings in any way without the express and written permission of Rock Werx Pty Ltd. 20.3 No part of the classifieds board listings or its included content may be reproduced, re-used or redistributed for any commercial purpose or distributed to a third party for any such purpose without the prior express permission of Rock Werx Pty Ltd.
20.4 All visitors to Palm Place's classifieds board listings must not change any of the material. 20.5 The classifieds board listings are designed, maintained and hosted by Rock Werx Pty Ltd. Rock Werx Pty Ltd maintains the rights for product information, logos, videos and images contained on classifieds board listings. Rock Werx Pty Ltd maintains exclusive rights to all Rock Werx Pty Ltd advertising. 21. WEBSITE SALES 21.1 All images of products as listed on Palm Place's website (www.palmnursery.com.au) ("the website") are intended as a guide only and Palm Place cannot guarantee that the exact product as listed will be supplied to the Customer.
21.2 Unless stated otherwise, the listings of products on the website do not include anything in the surrounding environment which may be displayed in the website image. 21.3 All fencing products listed on the website are manufactured from a natural and raw material which can be subject to insect attack, mould, splits, cracks, discolouration, stains and uneven surfaces. Some products are more suitable to bending, twisting, cracking and bleeding. Exposure to exterior weather over time may worsen this condition. To maintain the look of these products, the products should be treated with an exterior treatment application, at the Customer's expense.
21.4 It is the Customer's responsibility to ensure appropriate ongoing maintenance and treatment of any of Palm Place's products to enhance the longevity of the product. 21.5 The size and the thickness of Palm Place's products may vary from product to product and the measurements as stated on the website are approximate only and intended as a guide only. 21.6 Palm Place is not to be held responsible nor liable for any postage or shipping costs for the dispatch of products ordered by the Customer from the website. The Customer is encouraged to arrange their own postage and shipping, if required. 21.7 Upon checkout on all website purchases, the Customer agrees to be bound by all prices as stated on the website and the Customer also agrees to be bound by these Terms and Conditions of Sale.
21.8 All prices stated on the website are subject to change, without notice. 21.9 All products ordered on the website remain the property of Palm Place until payment is made in full by the Customer. 22. DELIVERY OF WEBSITE ORDERS 22.1 Delivery of website orders will be processed from Mondays to Fridays only. 22.2 Delivery of website orders will be made between 9 am and 5 pm (Monday to Friday) and no exact time for delivery can be provided to the Customer by Palm Place. 22.3 Palm Place is not to be held responsible nor liable for any delays caused by third party contracted courier services as engaged by Palm Place.
22.4 For all palletised deliveries, Customers must be home on the day of delivery to accept delivery of the goods unless stated otherwise. 22.5 Palm Place will not arrange any deliveries to Post Office Box addresses, Customers must supply a street address to enable delivery to take place. 22.6 Palm Place are not to be held responsible nor liable for any damage caused to the products ordered on the website after the products have left Palm Place's premises. 22.7 Palm Place does not provide insurance on the freight and it is up to the Customer to arrange their own insurance on the freight, at the Customer's expense. © 2016 Palm Place Nursery, All Rights Reserved.
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