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.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 THE TREE SHOP of goods and/or services the subject of such an order shall constitute an acceptance by the purchaser of the supply by THE TREE SHOP of such goods and/or services solely on these terms and conditions of sale.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. A tender or quotation submitted by THE TREE SHOP may at any time prior to acceptance of an offer by THE TREE SHOP in respect of the supply of goods and/or services be varied or withdrawn by THE TREE SHOP.Any order or offer made by any purchaser shall not be binding on THE TREE SHOP until accepted by THE TREE SHOP in writing (which includes but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.
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.Any Agreement may be varied only with THE TREE SHOP’s prior written consent.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 (“ THE TREE SHOP”) whereby goods and/or services are supplied, provided and/or delivered (“supply” or “supplied”) by THE TREE SHOP(“Agreement”).
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