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. No warranty is given in respect of plant growth or description. Clerical, typing or other errors made in, or in respect of, any tender or quotation shall be subject to correction by THE TREE SHOP and the corrected tender or quotation shall apply. 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 THE TREE SHOP, THE TREE SHOP in its sole discretion may store the goods at the purchaser’s risk and expense or take such other steps as it considers appropriate. weeping silver pear or willow-leafed pear Graceful small tree with a rounded canopy, silvery grey willow-like foliage and pendulous branches. THE TREE SHOP reserves the right to impose special conditions on the return of stock. Weeping pear trees grow in hardiness zones 4 to 7, and can reach a height and width of 20 feet. 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. Online Nursery (03)5628 1507 0417 535 917 The Weeping Silver Pear Tree is a small graceful specimen tree grown for its habit, foliage and edible fruit. Broadleaf, deciduous small tree with slender weeping branches; typically reaches 15 ft (4.5 m) tall with a similar spread. 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. Discover (and save!) THE TREE SHOP 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. It has a beautiful weeping habit that makes it a beautiful feature tree. Ornamental pear tree belongs to the family of apple, blackberry, and rose. White blossom in spring followed by small inedible fruits. Payment is not deemed to have occurred until funds have cleared in THE TREE SHOP’s account. Creamy-white flowers followed by miniature ornamental pears. To the extent that any conflict exists between these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) and any other documentation or correspondence forming part of any agreement these terms and conditions of sale (or as they may be varied in accordance with this clause (1)) shall be paramount and prevail. Country Living magazine recommends weeping pear trees for small gardening spaces since the tree's silvery foliage, white blossoms and form offers a contrast to deciduous and evergreen trees. Any acceptance by THE TREE SHOP of payment or part payment by the purchaser shall not prejudice THE TREE SHOP’s rights in relation to recovery of any other unpaid monies owing by the purchaser to THE TREE SHOP. THE TREE SHOP reserves the right to charge a restocking fee on goods accepted for credit. Apr 29, 2018 - The PYRUS salicifolia 'Pendula', Weeping Silver Pear is a popular ornamental weeping standard with unique narrow silver-green foliage. 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. 3m. Weeping trees are characterized by soft, limp twigs. Deciduous. This deciduous tree typically grows to 2.5 m tall and the same wide, performing best when planted in full sun on a well-drained, semi-sheltered site. The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services.  +  A fast-growing medium feature tree, Your email address will not be published. At the option of THE TREE SHOP in its absolute discretion, interest may be capitalised monthly. 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. LizB62 Posts: 1. Any waiver or purported or implied waiver by THE TREE SHOP 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 THE TREE SHOP and shall not prejudice the rights of THE TREE SHOP in respect of any breach of these terms and conditions of sale to which such waiver does not specifically relate. Boutique Japanese Weeping Maples. Also called sitka cypress, yellow cypress, and yellow cedar, this tree can live for more than 1,000 years in the wild. Any drawings or other documents submitted and any information supplied by THE TREE SHOP to the purchaser remains the property of THE TREE SHOP and constitutes confidential information of THE TREE SHOP (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 THE TREE SHOP nor provide the same to third parties. Subject to clause 9(e), THE TREE SHOP 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. It grows 20 to 30 feet tall and 8 to 12 feet wide. The rights of the purchaser buying goods as a consumer include those set out in clause 8(f) below. $29.50 An old French variety from around 1895 with white, buttery flesh, early to mid-season. Ornamental pears are one of the best trees for Perth gardens tolerating heat and periods of dry. Although it first entered cultivation in Germany in the 1850s, it has only recently become popular in commerce. 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. This weeping birch cultivar is a smaller version to the traditional silver birch tree with drooping branches. Its pea-like flowers appear in May, giving way to long, seed-filled pods after the blooms fade. The purchaser agrees and acknowledges that: THE TREE SHOP will refund a purchaser when. 2020 Bare Rooted Orders We are now at the end of the 2020 bare rooted season and have a very limited number of trees left in stock – please contact us directly to confirm stock availability. The distinctinve, willow-like, silvery grey leaves last from spring to autumn on long, weeping stems. The purchaser shall provide without cost to THE TREE SHOP every facility for the performance of THE TREE SHOP’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. Feb 27, 2015 - This Pin was discovered by Jacqueline Parenteau. The purchaser indemnifies THE TREE SHOP, its officers, employees, servants, agents contractors, successors, heirs and assigness against any claim, action, damage, loss, liability, cost, expense, outgoing or payment which THE TREE SHOP suffers, incurs or is liable for in respect of THE TREE SHOP’s exercise of its rights under this clause 11. 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 THE TREE SHOP within 7 days of delivery of the goods to 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. The provisions of this clause 9(a) do not constitute a warranty in relation to the quality or fitness of the goods, or require THE TREE SHOP 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). Any descriptive and shipping specifications, illustrations, drawings, data, dimensions and weights, either submitted by THE TREE SHOP with a quotation or tender or otherwise provided by THE TREE SHOP to the purchaser, are illustrative and approximate only and do not form part of any agreement entered into between THE TREE SHOP and the purchaser unless expressly agreed in writing by THE TREE SHOP. A small standard tree with attractive weeping willow-like foliage. Goods may only be returned for credit upon the written agreement of THE TREE SHOP. If an ornamental pear is planted too close to a sidewalk, driveway or foundation, the limited space will force the tree to break through cracks in the concrete, asphalt or cinder blocks. If the purchaser wishes to retain the Rocket Pots © they can be purchased from THE TREE SHOP for an additional cost which will be provided once written application is made by the purchaser to THE TREE SHOP. Huge collection, amazing choice, 100+ million high quality, affordable RF and RM images. These terms and conditions of sale apply to and govern all tenders and quotations submitted by, all orders placed with, and all contracts entered into by The “The Tree Shop Pty Limited”   ACN 134 851 764 (“. To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied, or applied, and whether given by THE TREE SHOP, the manufacturer or a third party) and any obligation of THE TREE SHOP to repair or replace any goods are void in respect of any goods which the purchaser tampers with or alters. All financial and other information provided by the purchaser to THE TREE SHOP must be fully accurate and up to date and the purchaser acknowledges confirms and agrees that THE TREE SHOP will rely upon all information provided to it. Weeping Pear - how and when to prune? Order online today or get in touch with us if you have any queries 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. Application of Terms and Conditions. It is easily trimmed and can make an umbrella or ball shape. Native to the Middle East, Pyrus salicifolia is a species of deciduous pear widely grown as an ornamental tree. 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. Unless otherwise stipulated all references to dollars are references to the lawful currency of Australia. Add to basket. Weeping trees often carry the cultivar name “Pendula” because of their droopy branches. notwithstanding any provision of this Agreement to the contrary and notwithstanding that any period of credit previously granted by THE TREE SHOP may not have expired, all amounts payable to THE TREE SHOP in respect of any goods and/or services supplied by it to the purchaser shall be immediately due and payable; and, THE TREE SHOP shall, after taking into account payments made by the purchaser to THE TREE SHOP, 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, the purchaser shall be liable for and shall pay to THE TREE SHOP on demand any direct and indirect loss suffered by THE TREE SHOP including without limitation THE TREE SHOP’s loss of profit on the agreement and all costs and expenses incurred or charged to THE TREE SHOP (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. is in breach of any term of the agreement and fails to remedy the breach within 14 days of notice in writing by THE TREE SHOP specifying the breach and requiring the purchaser to remedy it; fails to make payment to THE TREE SHOP in accordance with this Agreement or a payment or amount payable by the purchaser to THE TREE SHOP 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 THE TREE SHOP 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 THE TREE SHOP to supply services the subject of the agreement and such failure or refusal continues for a period of 14 days after THE TREE SHOP has notified the purchaser that it is ready, willing and able to supply such services; or. 2021 Bare Rooted Orders Pre-orders for 2021 are now being accepted, with stock to be confirmed in January 2021 […] It grows to only about 7 m (20ft) tall and 7m (20ft) wide. 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 payment of the cost of having the goods repaired; the supply of the services again by THE TREE SHOP; or. . Orders will only be held for a maximum of 3 months from the confirmation of the order (that is, including the Free Holding Period). Home All Trees Blog Blerick Farm Contact Us Monthly Clearance Items Search your Tree by name or keyword The Nursery Delivery System … ... Australia 3373 ABN 30 006 681 590. Any purchaser wishing to trade with THE TREE SHOP 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 THE TREE SHOP from time to time in a true and accurate way and return it to THE TREE SHOP. Mature trees have attractively fissured grey bark. When training the tree, thin out the lateral growth every year to ensure the stems are well and evenly spaced, this will avoid the tree being too crowded when it matures. The purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it. This deciduous tree sprouts single white flowers in Spring for a delicate display and is covered in long thin silver leaves turning silver green over the warmer months.  =  All goods returned for credit must be in their original pack and in a completely resalable condition. The tree could be taken out, but it's beautiful and can easily be moved. PYRUS SALICIFOLIA PENDULA - Weeping Silver Leaved Pear Characteristics Pyrus salicifolia pendula is a weeping form of the Willow-leaved Pear. Pyrus salicifolia pendula is a weeping form of the Willow-leaved Pear. Where THE TREE SHOP is permitted under the ACL to limit its liability for breach of a condition or warranty that is implied by the ACL, THE TREE SHOP’s liability shall be limited at THE TREE SHOP’s sole discretion to: the replacement of the goods or the supply of equivalent goods; or, the payment of the cost of replacing the goods or of acquiring equivalent goods; or. In spring, they produce clusters of small white flowers, followed by lush green foliage in summer and vibrant red-orange-maroon color in fall. Price is fixed at $12 each, no haggling appreciated. The flowers grow in clusters during spring and are then followed by small green inedible fruit. the defect arises from any act, matter or thing beyond the control of THE TREE SHOP or the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising; the purchaser has in any way modified, serviced or repaired the goods without THE TREE SHOP’s prior written consent; the purchaser has not complied with any written or oral instructions from THE TREE SHOP concerning the planting and storing of the goods; or. Weeping trees are very popular and ornamental and come in a range of varieties. 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 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.