Our Top 10 Favourite Ground Cover Plants of 2022

Favourite Ground Cover Plants in 2022

Ground cover plants are a popular variety. They help provide colour, fragrance and a healthy outdoor space. Ideal for landscaping new and existing spaces, ground cover plants are low laying plants that spread across and cover the ground. You can beautify dull areas by planting ground cover varieties around a tree, along a walk path, around a rocky feature or at the perimeter of a lawn or concrete section of your outdoor area. Whatever intention you have for ground cover plants, they are known to be low-maintenance, and they are children and pet friendly.

Here is a list of the favourite ground cover plants in 2022. It is important that you check which plant is suitable for your garden or layout to ensure that the ground cover plant fits in well and does not take over. Also, some ground cover plants can contain toxic elements so double check the variety you have purchased.

List of top ten favourite Ground Cover Plants

  1. Prostrate Rosemary
    Prostrate Rosemary Ground cover plants albert park nursery

With its iconic scent and thick vertical forming foliage, rosemary offers both a visual spectacle when it flowers and an aromatic herb flavour in cooking. Rosemary enjoys dry conditions and rarely needs to be watered to stay healthy. Every year, a prune will assist to keep it in shape.

  1. Native Viola
    Native Viola Ground cover plants blackburn nursery

An attractive variety, this ground cover plant enjoys growing in the shade. During spring and summer, the plant will flower and produce purple and mauve flowers against a green backdrop. To ensure the plant stays healthy, keep the soil moist and water regularly.

  1. Kidney Weed
    Kidney Weed Ground cover plants malvern nursery

A popular ground cover plant is Kidney Weed. Featuring a flower that represent two conjoined kidneys, this evergreen variety prefers the shade and requires minimal effort to look great during the year. This plant is known for acting as turf in parts where lawn will not grow.

  1. Sedum Autumn Joy
    Sedum Autumn Joy Ground cover plants box hill nursery

You will enjoy a spectacular flower show with this variety. During the dry and sunny conditions, this ground cover plant will flourish. When planting more than one, ensure that they are spaced 50 cm apart. Once the plant has matured, beautiful red and pink flower bomb heads will appear that create an amazing scenery.

  1. Nico
    Nico Plant Ground cover plants fitzroy nursery

For those who want their ground to be covered with a sea of dark green, Nico offers perennial coverage without interfering with other plants. Flowering in Autumn, purple flowers will appear creating a lovely view. It is best to prune the variety in winter so new growth is encouraged.

  1. Chalk Sticks
    Chalk Sticks Ground cover plants windsor nursery

This easy to maintain variety features think chalk-like stems that turn blue throughout the year. Providing a contrast against a green garden, this variety requires little maintenance and enjoys dry conditions.

  1. Cape Jasmine
    Cape Jasmine Ground cover plants bulleen nursery

This common ground cover plant, commonly known as Gardenia, is an evergreen variety. This plant does enjoy part shade and sun and does need to be watered regularly. If maintained correctly, which is no easy feat, the beautiful white flowers create an amazing display and the scent is refreshing.

  1. Japanese Star Jasmine
    Japanese Star Jasmine Ground cover plants kew nursery

This evergreen variety produces tiny white star shaped flowers throughout the year. To create a bushy appearance, trim well so that it looks fulsome. Even if you neglect the plant, it is hardy and will continue to bloom. With care and good maintenance, the variety will look ace all year round.

  1. Matted Pratia
    Matted Pratia Ground cover plants hawthorn nursery

For those who have a rockery feature, this variety enjoys weaving its way through the cracks and creating a contrasting visual. Enjoying part sun and shade, this ground cover plant can help enhance boring and dull locking rocks and concrete.

  1. Creeping Boobialla
    Creeping Boobialla Ground cover plants richmond nursery

This famous variety is hardy and enjoys full sun. Thriving in spring and summer, you will find that this variety will bloom even in the toughest conditions. The ground cover plant looks create around retaining walls and the vibrant fresh lime green foliage and masses of white flowers help cover up unsightly patches of your garden.

At The Tree Shop, we supply quality plants, trees and shrubs for your garden or outdoor entertainment area. Our ground cover plant varieties will keep you spoiled for choice. Ground cover plants are hardy varieties that create a pleasant and inviting atmosphere when your ground is dull and dry. If you would like to learn more about ground cover plants, or need help selecting the best variety for your needs and requirements, please contact us on (03) 9819 9966 or email us at sales@thetreeshop.com.au.

FAQs – Favorite Ground Cover Plants

What is the fastest growing ground cover plant?

Ground cover plants are an inherently fast growing variety. Based on the environment and climate, ground cover plants have variable growing rates. The fastest growing shade option tends to be the Plectranthus varieties. Helichrysum petiolare is a vigorous grower for your full sun areas that also provides silver foliage to brighten up you garden and give some colour and texture contrast.

What is the best low maintenance ground cover?

Ground cover plants are inherently low maintenance. They don’t need to be fertilised regularly. Infrequent watering will suffice. However, make sure you prune them if they are growing too fast for your liking.

What is the best ground cover to prevent weeds?

Ground cover plants can help to prevent weeds, however it will not eliminate weeds from growing. Thymus serpyllum coccineus ‘Red Creeping Thyme’ is a great option for drier conditions. The variety creates a tight-grip map that is very useful and helps to stop weeds from growing. Pratia pedunculata is another mat forming ground cover for part shade positions.

What is a good evergreen ground cover?

There are many types of evergreen varieties. Myoporum parvifolium provides fresh green foliage for the year and will grow well in most conditions.

Will ground cover plants kill other plants?

Some ground cover plants may kill other plants. This may occur if the ground cover plant is fast spreading and dominates the space or outgrows the surrounding plants leaving the other plants covered with no access to sun. Maintaining ground cover plants is important.

Can I plant ground covers in pots?

Yes. Ground cover plants enjoy being planted in pots and can grow even faster as the soil is protected from the wind and sun. Not a lot of soil is required when planting ground cover in pots.

What ground cover can you walk on?

Ground cover plants are living varieties and do not like heavy foot traffic. However, for those who want to plant these varieties across a footpath, there are some plants that can withstand light foot traffic. These include soleirolia soleirolii , pratia pedunculata and dichondra repens.

Can you mow ground cover?

No. It is important not to mow ground cover plants and to ensure that your lawn and ground cover plants are not overlapping. The lawn mower’s blades can damage the stems and leaves of the ground cover plant. They do not require regular pruning.

What is good ground cover for dogs?

Ground cover plants need to be pleasant to dogs and also not struggle to grow and survive when dogs play around outside. A few common varieties acceptable to dogs include: Thymus serpyllum ‘Elfin Creeping Thyme’, Sedum ‘Stonecrop’ and Viola Labradorica ‘Labrador Violet’.

How long does ground cover take to spread?

Depending on the season, soil conditions, climate and environment conditions, ground cover plants can spread at varying rates. Most varieties are fast growers, so make sure you know which type you are purchasing to set growth expectations.

Do I have to remove grass before planting ground cover?

Yes. Both lawn and ground cover plants are living varieties that require water and soil nutrients to survive and grow. If they are both in close proximity, they will compete for water and nutrients and will not grow to their full potential. It is best to segregate lawn from ground cover plants and ensure they do not overlap.

Which ground covers are potentially toxic to dogs and children?

Some ground cover plants are toxic to dogs and children. There is no exact science as it depends on the type of plant and the susceptibility of the dog or child. For example, Euphorbia varieties produce a toxic milky white sap if the plant is disturbed, and Trachelospermum produces a milky white sap that can cause skin irritation.

Can I plant mint in the ground?

Yes. However, mint is a fast growing ground cover plant and can spread quickly across the ground if poorly maintained. Also, if you plan to eat the mint you have planted, ensure you do not spray any pesticides, weed killers or other nasty chemicals near the plant.

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    7.    Claims

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    8.    Packing

    THE TREE SHOP uses and at all times retains ownership of “Rocket Pots ©” air pruning containers which are used to grow a majority of its advanced trees. 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. 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. 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.

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    1. Subject to clause 9(b) THE TREE SHOP warrants that goods or services supplied by it:
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        2. 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.

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    1. The warranty referred to in clause 9(a) does not apply to goods which:
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      2. 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;
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    4. 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. These guarantees cannot be modified nor excluded by any contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in this Agreement and the Australian Consumer Law, THE TREE SHOP makes no warranties or other representations under this Agreement. THE TREE SHOP’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. 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:
      1. the application in relation to the supply of goods and/or services ofany provision of the ACL;
      2. the exercise of any right conferred by any such provision, or
    • any liability of THE TREE SHOP for bfreach of a condition or warranty implied by any such provision.
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      1. in the case of goods:
        1. the replacement of the goods or the supply of equivalent goods; or
        2. the repair of the goods; or
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    1. the payment of the cost of having the goods repaired;
    1. in the case of services:
      1. the supply of the services again by THE TREE SHOP; or
      2. the payment of the cost of having the services supplied again.
    2. To the full extent permitted by law:
      1. 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
      2. THE TREE SHOP shall be under no liability for any unsuitability for any purpose of the goods irrespective of any knowledge which it may possess as to the purpose for which the goods were required by the purchaser unless that purpose has been specifically notified to THE TREE SHOP in writing prior to the formation of the relevant agreement.
    • 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.
    1. 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.
    2. In this clause, “consumer” means:
      1. a person acquiring Goods of a kind ordinarily acquired for personal, domestic or household use or consumption; or
      2. a person acquiring Goods at a price not exceeding $40,000; or
    • the Goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads,
      but excludes a person acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of:
    1. re-supply; or
    2. 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.

    11. Passing of Title

      1. Notwithstanding that the purchaser has possession of the goods, title to the goods remains with THE TREE SHOP, and no legal or equitable interest or property in the goods whatsoever will pass to the purchaser, until:
        1. the full amount for the goods has been paid to THE TREE SHOP; and
        2. there is no money owing by the purchaser to THE TREE SHOP for any other goods delivered by THE TREE SHOP or on any account whatsoever;
    • the purchaser has met all other obligations due by the purchaser to THE TREE SHOP and paid all monies due by the purchaser to THE TREE SHOP in respect of all contracts for goods and/or services between the purchaser and THE TREE SHOP.
    1. Payment is not deemed to have occurred until funds have cleared in THE TREE SHOP’s account. Until title and property in the goods passes:
      1. the purchaser must hold the goods as bailee for THE TREE SHOP, mark the goods or store them separately and keep all necessary records so that the goods can at all times be identified and distinguished as the property of THE TREE SHOP, and refrain from mixing or intermingling the goods with any goods owned by the purchaser or by any other person;
      2. the purchaser acknowledges that a fiduciary relationship exists between the purchaser and THE TREE SHOP whereby, subject to the provisions of this clause, the purchaser holds the goods and/or service and/or any other proceeds, rights and claims to the goods and/or services, or any new product created by the purchaser using the goods and/or services, in a fiduciary capacity for THE TREE SHOP.
    2. 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:
      1. such disposals are in the ordinary course of the purchaser’s business; and
      2. no event as specified in clause 14(a) has occurred. The purchaser must not deal with those goods if both conditions are not met. 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.
    3. The purchaser must observe the following fiduciary obligations with respect to any disposal of goods to a sub-purchaser authorised by clause 11(c):
      1. the purchaser must maintain records of all disposals of the goods and must permit inspection of these records by THE TREE SHOP promptly upon request; and
      2. 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. The total debts owing by the purchaser to THE TREE SHOP will be reduced by the proceeds of sales for which the purchaser has accounted to THE TREE SHOP in accordance with this clause 11(d). If these proceeds exceed the total debts owing by the purchaser to THE TREE SHOP at any time, the purchaser is entitled to receive an amount equivalent to the amount of this excess as commission.
    4. 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:
      1. 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;
      2. 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. The terms of this clause 11 apply subject to the references to the goods in clause 11 being read as references to THE TREE SHOP’s co-ownership share of the Product.
    5. In the event that the purchaser fails to make payment to THE TREE SHOP in accordance with this Agreement, or if the purchaser is a company which has made an application for and been granted a line of credit with THE TREE SHOP and commits any breach of the terms of that credit application with THE TREE SHOP, then THE TREE SHOP may revoke the right of the purchaser to sell, dispose of, or in any way deal with or use the goods and/or services, and request the purchaser to deliver immediately any goods and/or services in its possession or under its control directly to THE TREE SHOP or take possession of the goods and/or services from the purchaser in whatever manner it might think fit including but not limited to holding a lien over any item whatsoever of the purchaser’s relating to the goods and/or services provided by THE TREE SHOP and in the possession from time to time of THE TREE SHOP at the time of the breach of any term of this Agreement by the purchaser or its termination (without prejudice to any of THE TREE SHOP other rights or remedies).
    6. 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.
    7. In the event that legal proceedings are instituted for the recovery of monies held in trust in accordance with this clause, the purchaser irrevocably acknowledges the existence of monies held on trust as described in this Agreement.

    12. Drawings, Documentation and Information

    1. 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.
    2. 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.
    3. Where any drawings or other documents submitted by THE TREE SHOP with or as a part of a quotation or tender are not incorporated into an agreement between THE TREE SHOP and the party to which such quotation or tender was submitted they shall be returned to THE TREE SHOP within 7 days of expiry of the quotation or tender or otherwise as reasonably required by THE TREE SHOP.
    4. Where drawings and/or other materials referred to in clause 12(a) form part of an agreement they shall be subject to recognized tolerances.

    13. Subject and Limit of the Offer

    1. Following its submission of a quotation or tender or its acceptance of an order THE TREE SHOP 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 THE TREE SHOP 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.
    2. 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.
    3. Unless expressly stated in a quotation or tender, the price of goods does not include installation, erection or commissioning.
    4. Unless expressly stated in a quotation or tender the price of goods and/or services does not include training of the purchaser’s employees, servants or agents by THE TREE SHOP.
    5. 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.

    14. Termination

    1. THE TREE SHOP 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 THE TREE SHOP specifying the breach and requiring the purchaser to remedy it;
    1. 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;
    2. 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
    • is declared bankrupt, resolves to go into liquidation or has a petition for bankruptcy or winding up presented against it or enters into a scheme of arrangement with its creditors or if any liquidator, provisional liquidator, administrator, receiver, receiver and manager or official manager is appointed in respect of the purchaser or if anything analogous occurs in respect of the purchaser.
    1. In the event of such termination:
      • . 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
    1. 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
    2. 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
    • the purchaser expressly and irrevocably authorizes THE TREE SHOP to enter the premises of the purchaser and remove any goods that are owned by THE TREE SHOP equal to but not in excess of all monies owing at any given time to THE TREE SHOP by the purchaser.
    1. THE TREE SHOP may terminate this Agreement, terminate any credit terms; and/or refuse to supply any goods to the purchaser.
    1. Termination of the agreement pursuant to this clause 14 shall be without prejudice to the rights of THE TREE SHOP accruing up to the date of termination.

    15. Intellectual Property

    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.

    16. THE TREE SHOP’s Obligations

    Notwithstanding any other provision of these terms and conditions of sale if the purchaser breaches a term of an agreement THE TREE SHOP shall not be bound to perform its obligations under that agreement until the breach is remedied by the purchaser.

    17. Severance

    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.

    18. Waiver

    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.

    19. Proper Law

    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.

    20. Vienna Convention

    The United Nations Convention on Agreements for the International Sale of Goods (“the Vienna Convention”) shall not apply to any agreement entered into between THE TREE SHOP and the purchaser.

    21. Dispute Resolution

    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.

    22. Survivorship

    Clauses 6,8, 9, 10, , 14 18, 20, 24, 25 and 26 shall not merge but survive completion of the agreement.

    23. Force Majeure

    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.

    24. Privacy Act Consent – Credit Reports

    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 THE TREE SHOP and any related bodies corporate:

    1. may give certain information about them to related bodies corporate of THE TREE SHOP, 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. (The information which may be given is covered by s20 of the Privacy Act 1988 (Cth)(the “Privacy Act”) and may include, as relevant, identity particulars and the fact that the purchaser has applied for credit or the Guarantor has offered to act as a guarantor); and
    2. may in assessing whether to grant the purchaser’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider. (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.)

    25. Personal Property Security Act

    The purchaser agrees and undertakes to do anything THE TREE SHOP 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”). 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).
    The purchaser agrees and acknowledges that:

    1. 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 THE TREE SHOP to the purchaser pursuant to this Agreement and in all future goods (and their proceeds) including commingled goods;
    2. where the purchaser is paid in respect of the goods so delivered, the purchaser must, as THE TREE SHOP’s fiduciary, keep any such proceeds in a separate account and account to THE TREE SHOP in respect of those proceeds;
    3. 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);
    1. to receive a notice that THE TREE SHOP decides to enforce its security interest in accordance with land law (section 118);
    2. 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));
    1. to receive a notice to seize collateral (section 123);
    2. to receive notice on enforcement of security interests in liquid assets (section 125);
    3. to receive a notice of disposal of goods by THE TREE SHOP 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))
    1. to receive a statement of account if no disposal of goods for each 6 month period (section 132(4));
    2. to receive notice for THE TREE SHOP to retain goods (section 134(2));
    3. to receive notice of any proposal of THE TREE SHOP to retain goods (section 135(2));
    • to object to any proposal of THE TREE SHOP to either retain or dispose of goods (section 137(2));
    • to redeem the goods (section 142);
    • to reinstate the security agreement (section 143); and
    1. to receive a notice of any verification statement (see section 157(1) and section 157(3).
    1. Where THE TREE SHOP has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.
    2. Until ownership of the goods passes, the purchaser must not give THE TREE SHOP a written demand or allow any other person to give THE TREE SHOP a written demand requiring THE TREE SHOP to register a financing change statement under the PPSA or enter into or allow any other person to enter into the register of personal property securities a financing change statement under the Act.
    3. 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.
    4. The purchaser irrevocably grants to THE TREE SHOP the right to enter upon the purchaser’s property or premises, without notice, and without being in any way liable to the purchaser or to any third party, if THE TREE SHOP has cause to exercise any of THE TREE SHOP’s rights under section 123 and/or 128 of the Act, and the purchaser agrees to indemnify THE TREE SHOP, its officers, employees, servants, agents contractors, successors, heirs and assigness from any claims made by any third party as a result of THE TREE SHOP exercising such right.

    26. Confidentiality

    1. Except as required by law, this Agreement and subject to the PPSA, THE TREE SHOP and the purchaser agree to treat these terms and conditions as confidential.
    2. THE TREE SHOP and the purchaser acknowledge and agree that sub-clauses 26(a), 26(c) and this sub-clause 26(b) constitute a confidentiality agreement pursuant to section 275(6) of the PPSA.
    3. 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.

    27. Refund Policy

    THE TREE SHOP will refund a purchaser when

    1. the claim for refund is made within 14 days of the invoice date;
    2. in the case where the refund relates to a return of goods, the goods must not have been purchases by THE TREE SHOP specifically to fill a purchaser’s order;
    • the goods must be returned in the original packaging (if applicable):
    1. the goods must not be damaged:
    2. the goods must not have been used or exhibited, in the opinion of a THE TREE SHOP Manager. Any evidence of use and the goods must be accompanied by the original THE TREE SHOP invoice under which they were purchased by the purchaser. 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. In all cases the final judgment as to whether a claim for a refund should be allowed rests with the sole discretion of the THE TREE SHOP Manager or Director.Additional Conditions Applicable To Contracts Relating To Or Including Installation, Planting, Erection Or Commissioning Of Goods.

    28. Access To Site

    • . 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.
    1. 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.

    29. Time of Taking Over

    • . Notwithstanding any other provision of these terms and conditions of sale or otherwise, the goods shall be deemed to have been delivered and taken over by the purchaser at the conclusion of the delivery (which includes but is not limited to collection by or on behalf of a purchaser),

    The party named below acknowledges that the document contained herein forms the Agreement for the Sale of Goods and/or Services.

    The purchaser acknowledges and warrants that he/she/it has full power to enter into this Agreement and do things required by it.

    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 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.