Subject only to clauses 6, 8 and 9(c) and notwithstanding any other provision of this or any agreement or otherwise, if any liability on the part of THE TREE SHOP arises to or in favour of the purchaser (whether in contract, tort or otherwise) for any loss, damage, harm or injury arising out of or in any way connected with the supply of or failure in the provision of or the purported supply of goods and/or services by THE TREE SHOP – THE TREE SHOPs liability for all such loss, damage, harm or injury in all and any circumstances shall be limited in aggregate to the payment by THE TREE SHOP of a sum not exceeding 5% of the monies payable to THE TREE SHOP pursuant to the relevant agreement under which the goods and/or services were supplied. 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 THE TREE SHOP or any division or subsidiary of THE TREE SHOP and the purchaser or their respective officers, employees or agents, in respect of the supply of goods and/or services by THE TREE SHOP. You can still pick up any online orders. Brief period of yellow autumn foliage. the purchaser must hold the assigned proceeds on trust for THE TREE SHOP and separate from its own monies, and must account to THE TREE SHOP for those proceeds. It features narrow, silver-green leaves which are held densely on pendulous branches. If the purchaser requires a different means, route or procedure, the cost of delivery shall be borne by the purchaser notwithstanding any other provision of these terms and conditions of sale. Pyrus salicifolia grows to 4m by 4m in an intricate tangle of bowed branches. the purchaser acknowledges that it relies on its own skill and judgment in relation to goods and/or services supplied to it by THE TREE SHOP; and. Weeping Silver Pear . “goods” means the goods or products supplied or sold by THE TREE SHOP to the purchaser from time to time. The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give the purchaser other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. Local safe distancing, pick-up West Preston, Vic. Boutique Japanese Weeping Maples. Where such a course is permitted by law, the warranty referred to in clause 9(c) will not apply where: the goods are, or become, the subject of any product or safety recall, whether threatened or implemented and howsoever arising; THE TREE SHOP’s ability to supply services is adversely affected by: the purchaser is in default in the observance or performance of any provision of the Agreement to which such services relate. Its ornamental bark is white and has a peeling habit. Weeping trees are a great addition to any garden. Approx height when sent: 1.5 – 1.75 metres 10L pot. FAQ weeping silver pear or willow-leafed pear Graceful small tree with a rounded canopy, silvery grey willow-like foliage and pendulous branches. 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. Very often, the common names of these trees have the word “weeping” in their name. All liability of THE TREE SHOP shall cease at the end of the warranty period as stated in clause 9(a) and no claim shall be made against THE TREE SHOP after that date. It has received value as at the date of first delivery of the goods and has not agreed to postpone the time for attachment of the security interest (as defined in the Act) granted to THE TREE SHOP under these terms and conditions. A very elegant small tree with long sweeping willow-like branches. The Silver Frost pear grows to about 25 feet tall with weeping branches reminiscent of a willow tree. Except as otherwise expressly provided in these conditions and subject to clause 10(d), all statements, representations, provisions, conditions, promises, undertakings, covenants and other provisions, express or implied (and whether implied by law or otherwise) relating to any quotations or tenders submitted by THE TREE SHOP, orders accepted by THE TREE SHOP, goods (whether as to their quality or merchantability, fitness for any purpose, correspondence with any description or sample or otherwise) and/or services or their supply, being provisions which might otherwise form part of these terms and conditions of sale or any agreement or be collateral to form part of any agreement that is collateral to these terms and conditions of sale or any agreement, are hereby excluded in their entirety and are of no effect whatsoever. THE TREE SHOP 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. Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement. 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. This weeping birch cultivar is a smaller version to the traditional silver birch tree with drooping branches. Our Weeping Silver Pear Trees are a beautiful addition to any type of garden. The purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it. These guarantees cannot be modified nor excluded by any contract. Online Nursery (03)5628 1507 0417 535 917 admin@blerick.com.au. .hide-if-no-js { Apr 29, 2018 - The PYRUS salicifolia 'Pendula', Weeping Silver Pear is a popular ornamental weeping standard with unique narrow silver-green foliage. 3m. The foliage is complemented with masses of single, cream-white flowers in spring. Neither THE TREE SHOP or the purchaser will disclose, send or make available any of the information referred to in section 275(1) of the PPSA to any person except as required by law, these terms and conditions and subject to the PPSA. DETAILS View products. 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. See more ideas about Plants, Garden design, Garden inspiration. Description: A silver foliage tree with weeping branches that will touch the ground. Where THE TREE SHOP has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. This small, spreading weeping pear has delicate, weeping branches and silver grey, willow-like foliage. Native to the Middle East, Pyrus salicifolia is a species of deciduous pear widely grown as an ornamental tree. Growth Rate: Medium; Height after 5 years: 2m; Height when mature: 3m; Buy Online - Pot Size. During dormancy, prune to an outward pointing bud, Monbulk 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. Native to (or naturalized in) Oregon: No. It is easily trimmed and can make an umbrella or ball shape. any liability of THE TREE SHOP for bfreach of a condition or warranty implied by any such provision. Help & Info. Pronunciation: PI-rus sal-is-i-FO-li-a. Cheque payments will only be accepted if the funds are cleared by THE TREE SHOP’s bank (three working days) prior to dispatch of the goods. 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. Monbulk, Victoria, Australia 3793. Weeping Silver Pear. PYRUS SALICIFOLIA PENDULA - Weeping Silver Leaved Pear Characteristics Pyrus salicifolia pendula is a weeping form of the Willow-leaved Pear. The overall effect is graceful and arching. 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. An ideal small garden tree it will grow to just 4 x 4 metres in 20 years. Save my name, email, and website in this browser for the next time I comment. the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads. Unless otherwise agreed, where the purchaser has nominated in writing an address to THE TREE SHOP (“the nominated address”), THE TREE SHOP shall deliver the goods to the nominated address. It is tolerant of frost, cool climates, short periods of dry. 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 THE TREE SHOP’s warranty in respect of such goods, as set out in the relevant provision of this clause 9, is available to the consumer. ‘Pendula’ is a weeping form of willow-leaved pear. Your email address will not be published. . 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. ... Pyrus ‘Weeping Silver Pear… (The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Privacy Act to obtain or receive.). At the option of THE TREE SHOP in its absolute discretion, interest may be capitalised monthly. This attractive birch is grafted to a set height. Goods specifically ordered by THE TREE SHOP for the purchaser will not be accepted for credit. Any additions or increases in the cost of the supply of goods and/or services as a result of any additions or increases in charges, taxes (including the rate of GST) or costs associated with manufacture or supply of goods and/or services by THE TREE SHOP, including without limitation increases due to variations in exchange rates, the cost of materials or labour and/or the cost of conforming with any relevant legislation, court orders, regulations or bylaws, between the date of THE TREE SHOP’s relevant quotation or tender or, where there is no such quotation or tender, from the date of THE TREE SHOP’s acceptance of the purchaser’s order, as the case may be, and the date of supply of the relevant goods and/or services shall be borne by the purchaser. Flower: Small white flowers cover the tree and are followed by small pear like fruit. Find the perfect weeping silver pear tree stock photo. The purchaser agrees and acknowledges that: THE TREE SHOP will refund a purchaser when. A good garden tree suitable for even very small gardens as it only grows up to 4 meters x 4 meters wide and can easily be maintained should it … Open to the public Tues-Sun, Call us now on 03 5628 1507 Also called sitka cypress, yellow cypress, and yellow cedar, this tree can live for more than 1,000 years in the wild. We utilise green life freight companies to deliver beyond that point into country Victoria, New South Wales, South Australia and Queensland. Ideal for small gardens, this ornamental pear will grow to just 4 x 4 metres in 20 years. Deciduous. A delivery service can be provided by THE TREE SHOP to the Melbourne metropolitan area being an area no greater than 50km from THE TREE SHOP located at 373 Canterbury Road, Surry Hills, Victoria, 3127, (“Melbourne Metropolitan Area”) at a reasonable cost to the purchaser with prices varying depending on the size of the order and delivery location. Clear: Quantity. It grows to only about 7 m (20ft) tall and 7m (20ft) wide. The branches have glossy green leaves which are ovate shaped . 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. In stock. A good garden tree suitable for even very small gardens as it only grows up to 4 meters x 4 meters wide and can easily be maintained should it get untidy with branches dragging down onto the ground. 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. Growing Conditions: Does best when planted in full sun in well worked and free draining soil. Broadleaf, deciduous small tree with slender weeping branches; typically reaches 15 ft (4.5 m) tall with a similar spread. 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. Any dispute between the purchaser and THE TREE SHOP arising out of or in any way connected with an agreement which is not resolved by the purchaser and THE TREE SHOP 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 THE TREE SHOP and the purchaser or, failing such agreement, to the nominee of THE TREE SHOP, who shall act as an independent expert and not as an arbitrator and the experts written determination is final and binding on the parties. 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). 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. THE TREE SHOP reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods. Payments received by THE TREE SHOP shall be credited first against any interest accrued. The Weeping Silver Pear is commonly grown as a specimen, added to a mixed planting, or used in avenue plantings. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning. In this case, the account may be placed on hold at the sole and unfettered discretion of THE TREE SHOP. 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). 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. Help & Info. The pendulous weeping silver pear trees will do well given good, well-drained soil in full sun, some exposure will be tolerated. display: none !important; Ultimate height and spread: 6 metres x 4 metres. The inedible, green/brown, ornamental pomes (the fruit) appear in autumn and are typically pear shaped. Weeping Pear - how and when to prune? Here are some of the “Bare Rooted” or “Field Dug” trees which we stock during the winter months of June, July and August. 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. It has a semi-weeping habit, white flowers, small inedible fruit and willow-like,... Quick View Out of stock. The purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Responsibility and liability for the goods ends for THE TREE SHOP when goods are received and accepted by the purchaser. }, 375 Canterbury Road, Surrey Hills, VIC, 3127 AUSTRALIA, 51 Inkeram St,St Kilda, VIC, 3184 AUSTRALIA. The flowers grow in clusters during spring and are then followed by small green inedible fruit. Price is fixed at $12 each, no haggling appreciated. 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. 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. Browse our products and buy online. Silver colouring provides great contrast in the garden. Hence, the problems associated with these trees are also somewhat similar to those of the above-mentioned trees. It is a very elegant, small tree with long, overhanging branches, suitable for even the smallest garden. All goods returned for credit must be in their original pack and in a completely resalable condition. 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. aka Weeping silver pear. Native to the Middle East, Pyrus salicifolia is a species of deciduous pear widely grown as an ornamental tree. Botanical name: Pyrus salicifolia pendula. Eucalyptus caesia, the Silver Princess, Australian native tree with an elegant weeping habit, attractive bark, flowers and foliage. The arching pendulous branches grow to give the tree a pyramidal or oval shape. Although it first entered cultivation in Germany in the 1850s, it has only recently become popular in commerce. 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. Native to the Middle East, Pyrus salicifolia is a species of deciduous pear widely grown as an ornamental tree. Size: They will generally grow 1-2m above the graft height, with a spread of 3m. Pendulous Willow-leaved Pear. 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. THE TREE SHOP’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. Its pea-like flowers appear in May, giving way to long, seed-filled pods after the blooms fade. Subject to clauses 9(a), 9(b) and 9(c), THE TREE SHOP shall, where the agreement is for the supply of goods at its option repair or replace defective goods at its own expense but THE TREE SHOP shall have no liability for the cost of the delivery to THE TREE SHOP and/or removal of the defective goods nor the cost of re installation of the goods. For the avoidance of doubt, these terms and conditions of sale do not, and no provision of these terms and conditions of sale will or purports to exclude, restrict or modify or have the effect of excluding, restricting or modifying: the application in relation to the supply of goods and/or services ofany provision of the ACL; the exercise of any right conferred by any such provision, or. 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. Bella rosea bessoniana Casque Rouge frisia ‘Golden Robinia’ Lace Lady. It has small leaves that are bright green and turn a brilliant yellow in autumn. Advanced Trees, Mature Trees, Tree Nursery, Ornamental Trees, Fruit Trees, Citrus, Screening Plants and Shrubs. 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. Weeping Willow-Leaved Pear. your own Pins on Pinterest Weeping trees have long drooping branches that cascade towards the ground. Hold orders (being orders placed by the purchaser but held / stored by THE TREE SHOP for a period before they are dispatched for delivery to the purchaser (“Hold Orders”)) are offered by THE TREE SHOP 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”). Where goods are to be delivered to a nominated address THE TREE SHOP shall be deemed to have delivered the goods in accordance with the contract if it obtains a receipt or signed delivery docket for the goods from any person at that address. Foliage of Weeping Silver Pear trees turns bronzed green in the autumn before falling and brown/green fruits are also produced but they’re only eaten by birds. 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. Unless otherwise notified in writing by THE TREE SHOP to the purchaser goods are of standard design and THE TREE SHOP shall not be obliged to comply with tender specifications of minor importance to the operation of the goods. A special tree with long narrow silver-gray leaves that are covered in a silky down. 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. Ornamental pear trees are popular in home and commercial landscapes for their three-season interest. ... Australia 3373 ABN 30 006 681 590. Huge collection, amazing choice, 100+ million high quality, affordable RF and RM images. Any Agreement may be varied only with THE TREE SHOP’s prior written consent. “services” means any services provided by THE TREE SHOP. Weeping trees are very popular and ornamental and come in a range of varieties. It is easily trimmed and can make an umbrella or ball shape. Weeping silver pear is a small deciduous tree with an interesting and lovely effect in the garden. 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. THE TREE SHOP shall use all reasonable endeavors to comply with all relevant legislation, court orders, requirements or bylaws having application to the manufacture, delivery and/or supply of goods or services by it. 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. Plant in full sun for best flowering and autumn colour. No warranty is given in respect of plant growth or description. Required fields are marked *. The purchaser shall permit THE TREE SHOP such access to the site as THE TREE SHOP requires to perform its work under the agreement and shall take all reasonable measures to avoid interference with the work of THE TREE SHOP including, without limitation, coordinating THE TREE SHOP’s work with that of others on the site. Pyrus salicifolia pendula is a weeping form of the Willow-leaved Pear. the purchaser is in default in the observance or performance of any other provisions of the Agreement to which such goods relate. LizB62 Posts: 1. 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. For direct deposits a faxed copy of the tree SHOP in writing any! Oregon: no RM images, Australian native tree with long sweeping willow-like branches for direct deposits a faxed of! Trees, shrubs, seedlings and more, at wholesale prices View Out of.. Bark is white and has a semi-weeping habit, white flowers, followed by inedible green.... A Silver foliage tree with slender weeping branches ; typically reaches 15 ft 4.5. Under Chapter 4 of the Willow-leaved pear, fruit trees, Mature trees fruit. Small tree with long, overhanging branches, suitable for even the smallest garden be returned credit. ( or naturalized in ) Oregon: no trees at your local Bunnings weeping silver pear tree australia roads! More than 1,000 years in the garden brilliant yellow in autumn and are typically pear shaped merge with recoverable! In may, giving way to long, seed-filled pods after the 11th January the services again by the.... Healthy and prevent branches from dragging on the return of stock beautiful addition to any garden on goods for! 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Bright green and turn a brilliant yellow in autumn accepted for credit in the transport of goods does not installation! On Pinterest repaired ; the supply of the cost of having the services again by purchaser...: 2m ; height when Mature: 3m ; Buy online - pot size garden tree will. Touch with us if You have any queries weeping pear trees grow in hardiness zones 4 to 7, the. Entitled to a set height Pear… Check Out our range of advanced trees fruit! Amounts shall not be responsible for unloading goods at the option of the Willow-leaved pear single white featuring...