Our Terms & Conditions have changed.

Please review our updated Terms & Conditions below:

It is agreed as follows:

  1. The Customer wishes to purchase Goods from Benara for re-supply to other persons as part of the Customer’s business or for business purposes.
  2. Benara agrees to supply Goods to the Customer upon and subject to the terms of this agreement and the Customer agrees that all Goods purchased from Benara shall be purchased pursuant to the terms of this agreement

    General Conditions
  3. Benara’s 2008 General Conditions for Supply Agreement (General Conditions) shall be incorporated into and form part of this agreement so far as they are not varied by or inconsistent with the express terms of this agreement.
  4. The Customer and the Guarantor promise to Benara that they have read understood and agree to the General Conditions and without limitation give the authorisations and consents in relation to privacy contained therein.

    Guarantee
  5. In consideration of Benara having agreed at the request of the Guarantor to enter into this agreement with the Customer and by this deed the Guarantor does (and if more than one jointly and severally) hereby guarantee to Benara the due and punctual performance by the Customer of its obligations under this agreement on the terms of the guarantee set out in the General Conditions and grants to Benara the indemnity and security set out in the General Conditions.

    Representations
  6. The Customer and the Guarantor agree that in relation to any order or a combination of orders for the same or similar goods and/or services the Purchase Price of which exceeds $1,000, only the board of directors of Benara is authorised to make representations or give advice or engage in conduct of concerning or in any way relating thereto and then only in writing, and the Customer and the Guarantor promise to Benara that for the said orders they will not rely on any representation or conduct of any servant or agent of Benara as a representation or conduct of Benara, in deciding to purchase the said goods and/or services, and indemnify Benara as set out in the General Conditions.

    Credit Card details
    The Credit Card Holder hereby irrevocably authorises Benara to pay for all money owing by the Customer to Benara by charging the credit card specified or such other credit card as Credit Card Holder supplies to Benara and to pre-authorise payment up to the value of any order and warrants to Benara that the Credit Card will have sufficient credit or clear funds to pay for money that is due and payable by the Customer to Benara.

  1. In this agreement including the recitals unless contrary to or inconsistent with the context:
    Credit Card means the credit card specified in the schedule and any credit card given in addition thereto or in substitution therefor;
    Credit Period means the period described in the schedule as the Credit Period or if no period is specified, 30 days, from and including the Supply Date.
    Credit Card Transaction Fee means a fee calculated by multiplying the amount of a payment made under this agreement by the Credit Card by the appropriate credit card rate published on the Web Site from time to time for each brand of credit card currently 4.5% for Dinners and American Express and 1% for all other types of credit card;
    credit report and credit reporting agency has the meaning given to it by the Privacy Act 1988;
    Customer, you, your means the person or persons specified in the schedule as the Customer;
    Customer's Associates means:
    (a)      the owner, sender or receiver of the Delivered Goods;
    (b)      a person having an interest in the Delivered Goods;
    (c)      the Customer's principal; and
    (d)      any agent, representative, employee or sub-contractor of the Customer or those persons.
    Default Rate means the rate per annum published on the Web Site currently, or if no such rate is published, 15% per annum.
    Delivery means:
    (a)      if the Goods are collected by the Customer from the premises of Benara or inspected by the Customer prior to leaving the premises of Benara, the Goods leaving the premises of Benara, or otherwise
    (b)      the Goods being delivered to the address of the Customer herein or such other address specified by the Customer from time to time;
    and “Delivered” has a corresponding meaning;
    Goods means the plants chattels and any services supplied or agreed to be supplied to the Customer from time to time;
    Guarantor means the person or persons specified in the schedule as a guarantor and any officer or agent of a Customer who signs this agreement for that Customer;
    Land means the land described in the schedule or any part thereof or any interest therein.
    Purchase Price means the price charged by Benara for goods and services supplied by it from time to time as published as its premises or on the Web Site or to the Customer whether orally or in writing.
    Reversal means a reversal or partial reversal of a transaction effected by Benara using a Credit Card, and (where the context permits) all money taken out of the account of Benara with, or otherwise paid by Benara to, a financial institution pursuant thereto;
    schedule means the schedule to this agreement;
    Supply Date means the date of Delivery or the date Goods are available to leave the premises of Benara, whichever is the earlier date;
    Supply Fee means the price charged for Goods ordered by the Customer;
    taxable supply, tax invoice consideration, GST and supply have the meanings given to those expressions in the A New Tax System (Goods and Goods Tax) Act 1999;
    this agreement means the agreement that incorporates these general conditions;
    we, us, our means Benara.
    Web Site means www.benaranurseries.com or www.benara.com.au

  2. It is a condition precedent to the formation of this agreement that Benara receives a credit report on the Customer (and if there is a Guarantor, the Guarantor) from a credit reporting agency and otherwise satisfies itself as to the credit worthiness of the Customer and the Guarantor.  Until this condition is fulfilled or until Benara waives the condition by accepting an order or supplying Goods to or at the direction of the Customer, this agreement is and is to be treated by the parties as an application for credit by the Customer.  The Customer and the Guarantor agree and consent to Benara obtaining a credit report on the Customer and the Guarantor from a credit reporting agency for the purpose of assessing the Customer’s application for credit. If the said condition is not satisfied or waived as aforesaid within 10 days after the execution of this agreement Benara will notify the Customer accordingly in writing and if necessary comply with section 18M of the Privacy Act 1988. If the said condition is not satisfied the Guarantor authorises and directs Benara to disclose all or any part of the credit report it obtains on the Guarantor to the Customer for the purpose of explaining why the condition has not been satisfied.

  3. We are not obliged to accept any order made by you.  If your order is accepted, the Goods the subject of that order will be Delivered ( or available for delivery as the case may be) to you within a reasonable time after acceptance but in any event not less than 7 days after the order is made unless otherwise agreed in writing.

  4. Acceptance of an order may without limitation be communicated by Delivery.

  5. You promise to us that:
    (a)      You will inspect the Goods and raise any issue as to the quality or state of the Goods prior to or at Delivery as the case requires. If the issue cannot be resolved we may cancel the order for those Goods.  If you do not inspect the Goods before they leave our premises, and there is no one at the address stipulated to inspect the Goods, the Goods shall be deemed to have been inspected and accepted by you;
    (b)      Once Goods are Delivered you are taken to have accepted those Goods and will not allege that they or any of them are defective in any way or to any extent.
    (c)      you will pay to us the Purchase Price for all Goods purchased by you on or before the expiration of the Credit Period;
    (d)      the person named in the schedule as the owner of the Land described is you or one or more of you and that person or those persons is the legal and beneficial owner of that Land.
    (e)      all information supplied by you as set out in the schedule or otherwise is true and correct.

  6. It is the responsibility of the Customer to arrange for the Goods to be collected from our premises either by us or a third party.  If we transport or arrange for the transportation of Goods on your behalf:
    (a)      you promise to pay us therefore at the prevailing rates as published on the Web Site:
    (b)      you promise to pay us for time taken by our agents in unloading the Goods at the rate published on the Web Site from time to time or if no such rate is published, $30 per hour for each person involved in the unloading of Goods.
    (c)      you promise to pay us any packaging costs for Benara to reasonably pack your order should you wish for it to be delivered to you by a 3rd party transport provider.

  7. Property and risk in Goods passes to you upon Delivery and it is your responsibility to insure those Goods upon Delivery.

  8. Benara may terminate this agreement without notice.

  9. The Purchase Price and all other taxable supplies are exclusive of GST and the recipient of the taxable supply will pay GST thereon.

  10. In addition to the Purchase Price of Goods ordered by you, you promise to pay to us:

    (a)      If any money is paid to us by credit card the Credit Card Transaction Fee payable on the date of the payment to which it relates;

    (b)      all costs and expenses incurred by us or for which we become liable (including without limitation all legal court and debt collection costs and disbursements) of, concerning, arising out of or in any way relating to:

    (i)            the exercise by us of our rights under this agreement;
    (ii)           any default by you; and
    (iii)           any enforcement of this agreement or any security given by or pursuant to this agreement (including without limitation the costs of any court action),
    payable within 2 days of being notified thereof, such costs and expenses to include all costs and expenses except so far as they are of an unreasonable amount or have been unreasonably incurred so that subject to the above exceptions we will be completely indemnified by you for our said costs and expenses.

  11. If you default in the payment of any money payable by you under or by reason of this agreement for a period of more than 2 days then whether or not any formal demand therefor has been made all money then owing that is not already due and payable shall become due and owing by you to us. If you are in default of any other provision of this agreement and the default is not capable of being remedied, or you fail to remedy the default within 2 days of being notified of that default in writing, all money then owing shall become due and owing by you to us.

  12. If you default in the payment of any money under this agreement interest will be charged on the amount owing and unpaid from time to time at the Default Rate as from and including the due date for payment until it has been repaid.  At the end of every calendar month any unpaid interest shall be capitalised for the purpose of calculating interest, namely it will be added to and increase the amount due and owing and thereafter interest shall be charged on the sum of the amount then due and owing and the unpaid interest at the said rate.  Unless otherwise advised by us payments shall be applied first in payment of interest.  The provisions of this paragraph are without prejudice to any of our other rights and remedies.

  13. You, and if more than one of you, each of you, hereby charge all of your right, title and interest in and to the Land and in and to all other land which you, and if more than one of you, any of you, now own or at any time hereafter may own to secure your obligations under this agreement.  If we lodge a caveat over all or any of the said land we are under no obligation to withdraw that caveat but must execute a withdrawal of that caveat presented to us by you for that purpose once you have satisfied all of your obligations under this agreement.

  14. Further you hereby charge all Delivered Goods to secure your obligations under this agreement.

    14.1     If there is a default by you under this agreement it shall be lawful for us, without any further consent or concurrence on your part, to enter into and upon the land, messuage, or tenement whereon any of the Delivered Goods is or may reasonably be supposed to be in the possession or under the control of any of you, or any Guarantor, and for that purpose to open or remove any outer or inner gate, door, fastening, or other obstruction, without liability to any action of trespass or other proceeding for so doing; but with liberty to plead the leave and license hereby given in bar to any such action or proceeding, if any such be brought or instituted, and to seize and take possession of all Delivered Goods, and to remove the same to any other place or places for safety, convenience of sale, or otherwise, or suffer them to remain in the place or places where the same may be found, and to sell and dispose thereof or any of them either together or in parcels, at such time or times, and place or places, and either by public auction or private contract, or partly by public auction and partly by private contract, to any person or persons, for such price or prices, either for cash or on credit, or partly for cash and partly on credit, and if either partly or wholly on credit, giving such time or times for payment, and taking or foregoing any security or securities for the payment of the unpaid purchase money as we may deem proper or expedient, with power for us to make any such other terms and conditions in regard to such sale or sales as we may think proper, and also to buy in all or any of the Delivered Goods at any such sale or sales by auction, and rescind or vary any contract for sale thereof, and again to resell or offer for resale the same from time to time, without being answerable or accountable for any loss, diminution in price, costs, or expenses to be occasioned by any such bringing in, rescission, variance, or actual or attempted resale.

    14.2     It shall be lawful for us, upon or after any such sale as aforesaid, to make, enter into, sign, and execute all such contracts, agreements, deeds, instruments, and writings as may be necessary or expedient for the purpose of making and effectuating any such sale, and which shall be as binding and conclusive upon and against you as if you had joined therein, or assented thereto.  The receipt or receipts in writing of us for all purchase money or other property which shall be paid or delivered to it under or by virtue of this bill of sale, shall be a good and sufficient discharge to all purchasers or other persons paying or delivering the same, and such purchaser or other persons shall not be required to see to the application or be answerable for the misapplication or non-application thereof, or be bound or concerned to inquire into the propriety or expediency of any such sale or resale.

    14.3     We shall, out of the moneys which shall come to its hands by reason of any such sale or sales in the first place, discharge the costs and expenses incurred or sustained in or about such sale or sales, and all other costs, charges, and expenses incurred or occasioned in or about the execution of the powers and authorities contained in the bill of sale, and shall retain the balance of such moneys, or so much thereof as may be necessary, in or towards payment and satisfaction of the Secured Moneys, and shall pay to you any surplus then remaining.

  15. We may add to vary or remove any provision of this agreement by publishing the change on the Web Site.

  16. We will not be held liable where circumstances beyond our reasonable control prohibit us from performing our obligations under this Agreement.  These include but are not limited to:
    (a)      an act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact in law), martial law, intentional damage to property or damage to property caused by the negligent act or omission of any person (including a servant or agent of a party) other than a party, fire, lightening, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, quarantine, radiation or radioactive contamination;
    (b)      any action or inaction of any government or governmental or other competent jurisdiction, including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order; and
    a breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material.

  17. Except as herein provided, to the fullest extent permitted by law all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose of goods or services supplied by Benara to the Customer are expressly excluded.

  18. In this clause 'Customer' includes the Customer's Associates.

    18.1     To the maximum extent permitted by law, under no circumstances will Benara be liable to the Customer for any indirect, incidental, special or consequential damages of any kind, including without limitation damages for loss of business or other profits, arising out of or referable to this agreement or any act done or omitted to be done under or by reason of this agreement, whether caused by the negligence of or breach of statutory duty by Benara or otherwise.

    18.2     Notwithstanding any other clause of this agreement under no circumstances shall Benara be responsible to the Customer for any injurious act or default of Benara, nor, in any event, shall Benara be held responsible for any loss, injury or damage suffered by the Customer either in respect of:

    (a)      the theft, misdelivery, delay in delivery, loss, damage or destruction, by whatever cause, of any goods being carried or stored on behalf of the Customer by Benara at any time (and regardless of whether there has been any deviation from any agreed or customary route of carriage or place of storage);
    (b)      any consequential loss of profit, revenue, business, contracts or anticipated savings; or
    (c)      any other indirect consequential or special loss, injury or damage of any nature;
    and whether in contract, tort (including without limitation, negligence or breach of statutory duty) or otherwise.

    18.3     Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Benara and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

    18.4     The liability of Benara to the Customer for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible, at Benara's option, to:

    (a)      the supply of the goods or services again; or
    (b)      the repair of the goods; or
    (c)      the payment of the cost of having the goods or services supplied again or repaired.

    18.5     Every exemption from liability, defence and immunity of whatsoever nature applicable to Benara or to which Benara is entitled hereunder shall also be available and shall extend to protect Benara and every one of Benara’s servants or agents acting hereunder or making or giving statements information or advice and for the purposes of this clause Benara shall be or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of Benara and all persons who are or might be its servants or agents from time to time as well as on its own behalf and all such persons shall to this extent be or be deemed to be parties to this agreement.

    18.6   You warrant to us that you enter into this agreement on your own account and as agent for every Customer's Associates  and to indemnify Benara against all actions, suits, claims and demand whatsoever which may be brought against it and also all costs damages and expenses which Benara may in any wise pay or incur in or as a consequence of defending or settling the same or in any way relating thereto, in consequence of or by reason of or arising out of or in respect of any demand or claim brought by or on behalf of the Customer’s Associates arising out of, related to, or connected with this agreement.

  19. If the Customer or a Guarantor relies on conduct that it has promised by this agreement they will not rely on, or a Customer’s Associate relies on any such conduct, the Customer hereby indemnifies Benara against all actions, suits, claims and demand whatsoever which may be brought against it and also all costs damages and expenses which Benara may in any wise pay or incur in or as a consequence of defending or settling the same or in any way relating thereto, in consequence of or by reason of or arising out of or in respect of that reliance including without limitation any claim made against it by any of its servants or agents whose conduct was relied upon.

  20. No waiver or indulgence by any party to this agreement shall be binding upon that party unless in writing and in any event no waiver of one breach of any term or condition of this agreement shall operate as a continuing waiver unless so expressed nor shall it operate as a waiver of another breach of the same or any other term or condition of this agreement.

  21. Any notice or other document or writing required to be served on any party hereto may be served by prepaid ordinary post and any such notice or other document in writing shall be deemed to be served two days after it was so posted.  You nominate your address in the schedule as the address for service of notices by us on you by post.  Any notice or other document or writing required to be served on you by us may be served by email at your email address herein (if any and if more than one the first mentioned email address) or at such other email address as you may have notified to us in writing from time to time as an email address for the service of notices or by fax to your facsimile number herein (if any and if more than one the first mentioned facsimile number) or to such other facsimile number as you may have notified to us in writing from time to time as your facsimile number for the service of notices.  In the event of any legal proceeding in respect of this agreement being begun by us the process by which it is begun may be served by post on you at the same address and in the same manner prescribed for the service of any notice in writing by post.

  22. Any notice or other information that Benara is entitled to serve or publish under this agreement may be served or published by displaying the notice or information on the Web Site.  Publication of any notice or information in this way is deemed to effect service thereof on the Customer 7 days from but not including the date of publication.

  23. The Customer consents to Benara sending unsolicited commercial electronic messages as defined in the Spam Act 2003 (Cth) to the Customer’s email address or mobile telephone number.  In so doing Benara warrants that any such message shall clearly and accurately identify the individual or organisation who authorised the sending of the message and include accurate information about how the recipient can readily contact the individual or organisation. The Customer agrees that whilst money is owing by the Customer under this agreement Benara is not obliged to provide an unsubscribe facility in any of the said electronic messages.

  24. Words importing the singular number or plural number shall include the plural number and the singular number respectively; and words importing the masculine or neuter genders shall include every gender.  When two or more parties enter into covenants, obligations and or agreements together, those covenants, obligations and or agreements on their part contained refer to and shall bind them and any two or greater number of them jointly and each of them severally.  If you are a trustee of any trust, you enter into this agreement on your own behalf and in your capacity as trustee of that trust.

  25. This agreement shall be deemed to have been made in the State of Western Australia and the construction, validity and performance of this agreement shall be governed in all respects by the laws of that State and the Customer irrevocably submits to the exclusive jurisdiction of the courts within Perth Western Australia, waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum and waives any immunity in respect of its obligations under this agreement that it may acquire from the jurisdiction of any court or any legal process for any reason including the service of notice, attachment before judgment, attachment in aid of execution or execution.

  26. The use of the Credit Card or the supply of Goods to or at your direction is a sufficient communication by us to you that we have signed this agreement.

  27. If there is a Reversal the parties agree that for the purposes of this agreement and determining their respective rights and obligations the Reversal was never paid.  By way of example only, if there is a Reversal and the Reversal was payable to Benara, the Customer will be in breach of this agreement as from the due date for payment of the Reversal.

  28. In consideration of Benara having agreed at the request of the Guarantor to enter into this agreement with the Customer the Guarantor does (and if more than one jointly and severally) HEREBY GUARANTEE to Benara the due and punctual performance by the Customer of its obligations under this agreement and the Guarantor HEREBY ACKNOWLEDGES and declares that this Guarantee shall be a continuing guarantee for the whole of the moneys hereby secured and shall not be avoided released or affected in any way by:

    (a)      any agreement or arrangement made between Benara and the Customer whether with or without the consent of the Guarantor or by any alterations or variations to the rights or obligations of either of them;
    (b)      the granting of any time or other indulgence or forbearance by Benara to the Customer whether or not the granting of such further time or other indulgence imposes further liabilities on the Guarantor;
    (c)      the fact of or notice of the death mental incapacity bankruptcy or liquidation of the Customer or the Guarantor or any of them;
    (d)      any composition or arrangement with or release of the Customer or any composition or arrangement with or release of any one or more of the Guarantor or any other surety or person by Benara whether the consent of the Guarantor or any of them to any of the foregoing shall have been obtained or notice thereof given to him or not or any omission or delay on the part of Benara;
    (e)      the fact that any money payable by the Customer is not or may cease to be or any part thereof cease to be recoverable from him or from any of the Guarantor or other person or that the Customer be discharged from all or any of Customer's obligations to pay such money or any part thereof for any reason other than that the same have been paid;
    (f)       any change in membership of the Customer or any partnership or firm of which the Customer is a member or the death liquidation or bankruptcy of the Customer or any member of the Customer or the assent of Benara to any composition arrangement or scheme in respect of the Customer or the acceptance by Benara of any dividend or sum of money thereunder,

    and Benara shall be at liberty to regard the Guarantor in all respects as principal debtors and shall not be obliged to take action first against the Customer.

    28.2     The Guarantor further acknowledges and declares that the obligations of the Guarantor hereunder shall not merge or be deemed to have merged in any judgement obtained by Benara against the Customer and the Guarantor shall remain liable to Benara in the terms of this Guarantee notwithstanding that Benara may in the meantime obtain a judgement against the Customer.

    28.3     Any payment made to Benara and later avoided by the application of any statutory provision shall be deemed not to discharge the Guarantor’s liability and in any such event the parties are to be restored to the rights which each respectively would have had if the payment had not been made.

    28.4     Further in consideration of Benara having agreed to enter into this agreement with the Customer on the terms and conditions herein contained at the request of the Guarantor the Guarantor further covenants with Benara to save harmless and indemnify Benara from and against all losses damages costs and expenses which Benara may suffer as a result of Benara entering into this agreement including but without limitation all costs incurred by Benara as a result of or arising out of enforcing its rights under this agreement or any other security held by Benara in respect of the obligations of the Customer hereunder or in any way incidental to this agreement or any other such security or in defending any action, claim or demand made against it by the Customer and insofar as it may be necessary so to do in order to give full effect to this indemnity the Guarantor shall waive any rights of recourse they might otherwise have or have had against the Customer arising out of this indemnity.

    28.5     In the event that the Customer is wound up and a liquidator of the Customer shall lawfully disclaim these presents at any time, no such disclaimer shall operate so as to relieve the obligations of the Guarantor to Benara pursuant to this indemnity AND IT IS EXPRESSLY AGREED THAT the provisions of this indemnity shall survive any termination of this agreement arising out of any such disclaimer.

    28.6     It is expressly agreed that this indemnity shall continue notwithstanding any agreement or arrangement or variation of any agreement between Benara and the Customer and the provisions of the Guarantee hereinbefore given shall with the necessary changes apply to this indemnity.

    28.7     In the event that there is more than one person or corporation constituting the Guarantor or there is any other co-surety then it is expressly agreed between each Guarantor who executes this agreement and Benara that the failure of any one or more Guarantor or any other co-surety to execute this agreement or any document as the case may be or the fact that this guarantee is not binding on any one or more Guarantor who executes the same for any reason whatsoever or that any one or more Guarantor is for any reason whatsoever discharged from their obligations hereunder shall not in any way relieve them or the others of them as the case may be from liability under this guarantee and indemnity.

    28.8     In the event that the consideration specified herein is found to be past consideration the Guarantor agrees that Benara may adduce evidence of other consideration to support the Guarantee.

  29. For the said consideration the Guarantor hereby charges their respective right, title and interest in and to the Land and all other land which they or any of them now have or at any time hereafter may have to secure their obligations under this agreement.  If Benara lodges a caveat over all or any of the said real estate it is under no obligation to withdraw that caveat but must execute a withdrawal of that caveat presented to it by the Guarantor for that purpose once the Guarantor has satisfied all of its obligations under this agreement.

    Privacy Content

  30. The Customer has applied for credit from Benara and the Guarantor (if any) has applied to Benara to guarantee the obligations of the Customer to Benara.  In this Privacy Consent Benara includes all companies related to Benara, you and your mean the Customer and if there is a Guarantor, both the Customer and the Guarantor, and we, our or us mean Benara.  The Privacy Act (Cth) 1988 regulates the way in which personal information about customers can be used by credit providers.  Certain personal information is required to enable Benara to assess your application for personal or commercial credit and/or credit worthiness and/or to become a guarantor; administer any credit facility which is subsequently provided by Benara including managing any account in connection with the credit facility, administering insurance claims, recovering any money owed to Benara, maintaining the value and protecting any assets provided as security for any obligations under the credit facility and for use in connection with the out sourcing of any of Benara's functions; notifying other credit providers of any default by you; and identifying and sending you any information about Benara’s other related products or services that may be of interest to you.

  31. The following tells you what information might be required and how the information might be used.  PLEASE READ THIS CAREFULLY.  If you do not provide Benara with the personal information requested, Benara will be unable to assess your application for personal or commercial credit or to become a guarantor.

  32. The types of organisations to which Benara usually discloses personal information include credit reporting agencies, government departments and authorities, insurers and underwriters, guarantors, agents, contractors, proposed assignees of Benara's assets and other third parties associated with Benara who enable or assist Benara to carry out its functions, for example, mailing houses, debt collection agencies, mercantile agents, archive companies, valuers, call centre operators, solicitors, accountants, other people who provide funding, introducers and brokers.  Benara may also disclose your personal information to third parties for marketing purposes.  You consent to Benara collecting your personal information and using it for the purposes outlined in this document including disclosing your personal information to the types of organisations set out above.

  33. You authorise Benara to give a credit reporting agency certain personal information about you for the purposes of enabling Benara to obtain a credit report about you and/or to allow the credit reporting agency to create or maintain a credit information file containing information about you.  The information which Benara may disclose to the credit reporting agency is limited to:  your identification (including your name, sex, address and the previous two addresses, date of birth, name of employer and driver’s licence number); the fact that credit has been applied for and the amount; the fact that Benara is or may be a current credit provider to you; details of payments which become overdue for more than 60 days and for which collection action has commenced; the fact that payments are no longer overdue; details of cheques drawn by you which have been dishonoured more than once; the fact that in Benara’s opinion you have committed a serious credit infringement; and the fact that credit provided to you by Benara has been paid or discharged.  You authorise Benara to obtain from: a credit reporting agency a credit report containing information about you in relation to personal or commercial credit provided to you; and a business which provides information about the commercial credit worthiness of persons information about your commercial activities or commercial credit worthiness.  You authorise Benara to give to and obtain from other credit providers information about your credit worthiness, credit standing, credit history or credit capacity.

  34. You understand that if Benara declines your credit application or application to become a guarantor due to adverse information on your personal credit file, then each applicant for the credit may be notified that the application has been declined wholly or partly on information derived from the personal credit report relating to you.

  35. You consent to Benara providing information about you to any person who proposes to guarantee your obligations to Benara for the purpose of allowing that person to assess whether to act as your guarantor and/or indemnifier.  After the guarantee is given, you consent to Benara providing information about you to the guarantor and/or indemnifier.  You consent to Benara exchanging information concerning your financial affairs with any person acting on your behalf including your agent, accountant, solicitor or broker.

  36. You authorise Benara to obtain from a credit reporting agency a credit report containing personal credit information about you to assess whether to accept you as a guarantor for the personal or commercial credit applied for by the applicant.  You authorise Benara to give to or receive from another credit provider an opinion for purposes connected with your business trade or profession.

  37. You acknowledge that Benara may exchange information with government authorities as required or authorised by law including the Australian Taxation Office.

  38. You agree that Benara may use your personal information either alone or in conjunction with third parties for marketing purposes to tell you about other related services and products which could suit your needs.  If you do not want this to happen please tell us.

  39. You acknowledge that the above authorities and consents will continue until the credit facility provided is repaid in full and the credit facility terminated.

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Pretty pink plants

A vibrant plant trend we’ve been loving for the last few years is pink – embraced by both avid gardeners and houseplant enthusiasts alike. Pink plant options include both pink flowering and pink foliage plants, and can show a wide spectrum of the hue, from subtle soft pinks to bold and dramatic pinks.

Depending on their use, pink plants can dazzle either indoors or add a stunning splash of colour amongst outdoor greenlife. Without a doubt, pink plants can bring a touch of flamboyance to any space!

Fantastic Flowers

Perhaps the most obvious way of incorporating pink into your landscape or indoor space is by using pink flowering plants. Here, there’s almost no end to the options – just your imagination!

Go for native plants with rosy-coloured flowers such as Anigozanthos Bush Pearl PBR (Kangaroo Paw) and Thryptomene Pink Lace to encourage native birdlife. Or create instant colour with Argyranthemum Pom Pom PBR and Armeria maritima Pink (known as Thrift Flower), whose prolific displays of cheery, globe-shaped flowers look fantastic either mass planted in the garden or in containers.

 

Gentle blush hues interwoven through existing plant life is easy to do, with clever vining options such as Dipladenia Red Riding Hood (also referred to as Red Brazilian Jasmine) and Mandevilla Pretty Rose Pink PBR, whose star-shaped flowers bloom in shades from light through to deep pink. Weave these climbers along garden fences, trellises or cascade over containers.

  

 

Foliage in Focus

Consider incorporating pink into your garden with pink-hued foliage. Often, plants with this colouring have pattern or texture to the leaves, adding another dimension, and complement existing surrounding greenery.

Both Cordyline Electric Pink PBR and Cordyline terminalis Ruby make for great feature plants, with their bright, pink-toned strappy leaves, hence the colour being incorporated into their names. Similarly, Coprosma Pacific Sunrise PBR (known as Mirror Plant) and Nandina ‘AKA’ PBR Blush™ (Sacred Bamboo) are ideal for creating striking low hedges or borders and also work well as an under-planting for trees.

 

For those who prefer small pops of pink, this is easy enough to establish using perennial groundcovers that can be positioned around larger, feature plants. The green foliage of both Ajuga Burgundy Glow (also known as Bugle) and Rhoeo Stripe Me Pink (commonly referred to as Variegated Moses in the Cradle) includes shades of pink, and will suit partly sunny/shaded areas of the garden.

Bringing pink foliage indoors is easy too, with both Crassula Calico Kitten and Ficus Tineke, whose variegated creamy white and green leaves have gorgeous pink overtones.

Pretty pink plants

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Carolina_reaper

Heat Things up With Chilli

Add a little fire to your edible garden with a chilli plant.

Thought to have been first harvested for their flavour in 7500 BCE, chilli plants have endured as a fascinating and collectible plant around the world. Today, thanks to extensive hybridisation and intricate selection methods, chilli plants now come in countless varieties and make great ornamental additions to your vegetable patch.

Chilli plants are multi-branched, semi-woody small shrubs, generally rounded in shape, and certain varieties can continue to produce fruit for several years.

The fruits of chilli plants are typically green while young, with some pods changing colour as they mature.

 

Certain chilli fruits will remain green through to fully ripening – such as the popular Jalapeno – while others turn yellow (Mild or Trinidad Scorpion), orange (Habanero), red (Scotch Bonnet Red or Long Cayenne) and even purple (Maui Purple or Purple UFO). For those wanting to experience the spectrum of colours, opt for a Chilli Twilight Rainbow plant, or enjoy the alternating striped pods of Chilli Fish Pepper.

Chilli fruits also come in an assortment of shapes. The most recognized varieties are typically tapered, and can be small (Serrano) or lengthy. Some are slightly ribbed or more closely resemble a capsicum/bell shape. Others still, are even more unusual, such as the wrinkled appearance of Bhut Jolokia (or Ghost Chilli).

 

Used in a wide variety of cuisines – most typically Mexican, Indian and Thai cooking – chillies add a spicy flavour to numerous cooked dishes and sauces. Infuse with heat into dry rubs, marinades, oils and vinegars; or add another dimension to curries, stir fries and even chocolate cakes. The stunning bright yellow fruits of Chilli Aji Pineapple even emit a beautiful citrus/pineapple smell when chopped.

CAUTION: When preparing chillies for consumption do not touch face or eyes, wear gloves and thoroughly wash hands afterwards.

Always be mindful of heat levels. Since 2013, the famous Carolina Reaper has maintained the Guinness World Record for being the world’s hottest chilli, at up to 2.2 million Scoville Heat Units!

Depending on the variety, chilli plants can either be grown in pots and containers or straight into the garden bed. Certain varieties can even be grown as an indoor plant, providing interest and colour – however, be sure to keep them away from children and pets!

Easy to grow, chilli plants thrive best with plenty of sun, however in hot climates, direct midday sunshine can dry or even burn the leaves. While most chillies are grown as annual plants, in their natural habitat (hot and humid) they are considered perennials. In colder regions of Australia, grow your chilli plants in pots so you can move them according to light levels and protect them from frosts.

Before planting, mix in good quality compost and a complete garden fertiliser. For best results, apply a liquid feed regularly.

Learn more about all available Chillies in our online plant library.

Heat Things up With Chilli

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Growing tomatoes

An extremely popular backyard staple, tomatoes are easy to grow and if looked after well, will reward you with delicious fruit for months.

There is a wide assortment of varieties to choose, from heirloom to hybrid. Some have a trussing growth habit, other will bush up. The fruits can be small and round, oblong or oddly shaped, flat, or large at 8cm+. Tomatoes also come in vibrant colours, from black and deep purple, through to reds, oranges, yellows and green. Some are even striped!

 

Achievable in any size garden, tomatoes can be grown either in ground or in pots and containers, hanging baskets, and even indoors in the right situation. In any case, tomatoes naturally sprawl and will require space in order to reach their full potential. Apply a trellis, stakes or growing frame at the time of planting, to ensure both bountiful fruit and avoid damage to the roots later on.

Choose a position in full sun, protected from both wind and frost. In Western Australia, tomatoes can be started as early as August, with harvest possible until the end of March.

 

Most tomato plants require 50 to 90 days to mature. A savvy gardener can also stagger the planting to ensure produce is available early, mid and late-season. When growing tomatoes in pots or containers, the soil will dry out faster and they will require regular watering.

Harvest when the fruit is plump and use as you see fit. Depending on texture and flavour, some tomatoes are better suited to pastas, canning and sauces, others still are best for slicing into salads and sandwiches, while others are terrific eaten simply by the handful.

Explore our online plant library to discover the extensive collection of tomato varieties.

Growing tomatoes

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Kid and pet friendly planting

One of the biggest educational trends experienced in recent years is incorporating nature play. Add to that, the necessary restrictions on our daily lives over the last 18 months to prevent the spread of COVID, and it has thrown into light the significance that natural elements have on maintaining our health and wellbeing.

Children and pets are no different – they thrive in experiencing the world around them and this includes plants. Kids, cats and dogs alike love to touch differently textured leaves and bark. They enjoy smelling flowers and crawling through the ‘jungle-like’ setting of shrubs and trees.

Encourage their learning and development in whatever space is available, whether it be indoors, within a balcony or courtyard, or amongst a wide-open garden. Use plants that are safe for inquisitive little hands and paws, some of which also have the added benefit of attracting pollinators such as birds and bees.

One of the easiest ways to begin and incorporate plants into their environment is by setting up a kitchen windowsill garden. Use sprouts, microgreens, Dactylis glomerata (Pet Grass) and some herbs such as Basil, Rosemary, Sage and Thyme.

Adiantum fragrans (Maidenhair Fern)

Its delicate and compact growth makes this the perfect houseplant for small spaces whilst looking just as beautiful in courtyards.

Aloe Vera

An easy plant to grow and a very practical one, as the juice from its thick leaves can be applied to minor burns and skin irritations. Ideal for introducing kids to the soothing properties of some plants.

Aspidistra elatior (Cast Iron Plant)

Ideal as a houseplant, it will also thrive outside in pots and shaded areas. Hardy and very low maintenance, its attractive glossy foliage will suit most indoor décor.

Beaucarnea recurvata (Pony Tail Palm)

A unique looking plant to spark imaginations with its bulbous base and long, thin grass-like leaves. Relatively slow growing but will suit both indoor and outdoor spaces alike.

Chamaedorea Elegans (Parlor palm)

A great way to incorporate a small tree indoors, this low maintenance houseplant is also a good starting point for beginner plant owners.

Chlorophytum comosum Picturatum (Spider Plant)

One of the easiest plants to grow and maintain, it works well in backyard gardens, hanging baskets and pots. An excellent teaching opportunity, as baby spider plants can be potted up that the mother plant produces.

Dypsis lutescens (Golden Cane Palm)

A decorative and very hardy tropical palm with golden coloured trunks, that will suit either outdoor or indoor spaces. Looks particularly fantastic around pools and patios.

Giant Bromeliad such as Alcantarea Imperialis Rubra and Alcantarea Silver Plum

Its’ big, bold form and thick leaves echo the jungles of faraway lands; adding a tropical vibe to courtyard and patio spaces. Low maintenance and completely safe for pets. 

Hypoestes phyllostachya Confetti Mix (Polka Dot Plant)

With foliage in pink, red and white, this is a great plant to add a splash of pattern and color to miniature gardens, terrariums and mixed containers.

Musa William Cavendish (Carnarvon Banana)

The big, bright leaves create a lovely shady spot, and pets and kids alike will enjoy playing hide and seek behind the thick trunk.

Pilea libanensis Silver Sprinkles

A popular, low maintenance houseplant with small, circular foliage. Very much ‘on trend’, easy to care for and sure to spark imagination.

Kid and pet friendly planting

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Go green with living walls

Many people ask what are living walls?

Also known as ‘green walls’, ‘eco walls’ or ‘vertical gardens’, they are different to ‘green facades’, whereby the greenlife is trained to cover a wall for aesthetic purposes.

Green facades are primarily achieved either indirectly, by planting groundcovers in planter boxes and letting them trail down a wall, or directly, by affixing a structure such as a trellis to the wall and training plants to grow up it. Green facades can also be created by greenlife attaching itself to the wall (as in the case of a vine).

Instead, living walls see the greenlife planted directly into a structure that has been built either into or onto the wall, where they will receive their required nutrients from the soil and water that fills it. Learn more about green walls with Horticulture Innovation Australia Ltd

No longer just of interest to architectural companies in the race for the latest design awards, living walls are also gaining considerable attention from other businesses seeking to improve their ecological credentials, building aesthetics or employee benefits. This last is in reference to biophilic design, the concept that employees are more productive and happier when they have access to nature.

Both living walls and green facades are considered components of overall green infrastructure and important in reducing our carbon footprint. They are credited with providing benefits to urban environments, including attracting wildlife, improving air quality and establishing a microclimate, reducing energy costs (by reflecting solar heat in summer and providing insulation in winter), and helping to dampen noise. Either living walls or green facades in urban environments can also help to reduce the city’s heat island effect.

Living walls have both indoor and outdoor applications, and with the right plants can be created in a wide variety of conditions, from full to part sun or shade.

Living walls are also scalable, from forming the central focus in a grand landscape design as living art to being relatively easy to establish in a small courtyard or alfresco space; with many retailers now selling affordable, modular kits which homeowners can easily assemble themselves.

Before embarking on the creation of a stunning living wall, it is important to consider more than just the site’s volume of sunlight and orientation. The existing wall or supports and their load capacity will determine the size of your living wall, as well as the options for irrigation and drainage.

Consider the level of maintenance required for your living wall, and how much upkeep the plants will need. Your plants will likely have dormant periods. It is also vital to waterproof the space for longevity of the project.

Living walls are typically only visual additions, however there is a rise in people taking advantage of living walls offering a larger number of plants in a smaller space by establishing them using edible vegetation. Thus, creating a dual purpose and expanding the biodiversity in the space.

Explore our online plant library to select the right plants for your living wall project. You are limited only by your imagination and a plant’s growing conditions!

Go green with living walls

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Understanding plant breeder's rights

Ever seen a plant name followed by (PVR) or (PBR), and wondered what this meant?

Plant Breeder's Rights (or PBR) [formerly known as Plant Variety Rights (or PVR) in Australia] gives plant breeders the ownership of a newly-bred plant variety for a specific period of time. This ensures the breeder has exclusive rights to produce or reproduce that plant’s material. It also prohibits others from dividing or propagating the plant for resale or commercial gain, which is illegal. 

PBRs are typically used to protect new varieties of plants that are distinct, uniform and stable, however PBR legislation also covers essentially derived varieties and farm saved seed. Breeders are encouraged to invest in bringing new plant varieties to the market, as a PBR offers protection for the breeder to recoup a return on that investment. Application, certificate and renewal fees apply to hold a PBR.

Without a PBR, plant names are also sometimes intended for protection. This is represented by either a ™ (meaning Trademark) or an ® (meaning Registered Trademark) following the name.

A trademark can be used by any person or business to indicate that particular plant name is meant to serve as an identifier for the source of that plant. Further, a registered trademark indicates that the trademark has been officially recorded for that plant.

To be registered, a trademark application must meet the legislative requirements. This process begins by submitting the application to – which is then reviewed by – the Australian Government’s agency for Intellectual Property. If approved, it will be visible in the Australian Official Journal of Trade Marks for two months, during which time third parties may oppose the intended registration. If it is unopposed, the trademark is registered. The length of the registration process can depend on the variety being grown. Similarly, the length of protection can also differ for some species.

Different combinations of IP rights can be used to add value to a single plant variety. For example, trademarks are most commonly used in conjunction with PBRs, such as in the case of Westringia 'WES03' Blue Gem™ or Lomandra 'SIR5' Wingarra™.

Explore our online plant library to discover an extensive range of exclusive PBR plants.

Understanding plant breeder's rights

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Understanding Tubestock

Tubestock

As a term used widely by the industry, tubestock refers to plants grown in smaller nursery containers or 'cells' (typically between 40-70mm in size) to encourage a fully established root system prior to being planted out. 

Tubestock is both a cost and time effective way of obtaining native plants en masse that are suitable for planting straight into the field, providing instant value to your project.

Benara Nurseries’ cells are custom-made with internal ribbing to train the root growth in a downward motion, preventing spiraling and encouraging an elongated and deeper root structure. Our tubestock is already sun hardened and air pruned, providing a higher quality stock with a greater survival rate. All of our stock are grown on benches to allow air flow and good hygiene, with the plants also receiving 6 to 8 months slow-release fertilizer, providing excellent nutrition for their establishment in revegetation projects.

Benara Nurseries are accredited by the Nursery Industry Accreditation Scheme Australia (NIASA) in both Greenlife Market and Nusery, as well as EcoHort cerified. These independently-audited schemes, along with our regular integrated pest and disease management, ensure that Benara Nurseries stock maintains the highest industry standards and uses best growing practices. We mass produce reeds and sedges, and hand produce the more delicate species. Our team are also continually trialling new and recalcitrant species.

Revegetation

At Benara Nurseries, our dedicated native revegetation department is passionate about rebuilding the natural habitat. Our team of expert horticulturalists have the experience and knowledge to propagate and produce the highest quality native tubestock for revegetation and landscaping projects.

We have the capabilities to grow exceptionally high volumes of tubestock varieties. We can produce smaller, provenance-specific revegetation stock through to large-scale volume growing for commercial rehabilitation contracts.

The majority of our revegetation stock is grown from seed for greater genetic diversity, and our species list is wide ranging, with plants suitable for a number of local environments covering metro and regional Western Australian conditions.

Orders

Benara Nurseries' tubestock is provided in narrow 50mm W x 50mm x D 100mm H cells. All of our tubestock is then available in either a single rack (of 20 cells) or as 64 and 104 cell trays, with all orders placed in multiples of tray sizes. 

As part of Benara Nurseries' sustainability practices, all trays are salvaged, steam sterilized and reused in our production.

Speak to our Sales staff for more information or to place an order on 08 9561 9000 or benara@benara.com.au

Understanding Tubestock

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Start your greenlife career with us. We are now hiring.

A career in the greenlife industry means you will meaningfully contribute to creating liveable cities, healthy environments and protecting the future of food security in Australia.

Benara Nurseries are currently seeking part time nursery team members to join us at our wholesale production nursery Carabooda location.

We are looking for self-motivated hands on people who have a positive attitude, who are fit and reliable. We have one area with positions vacant;

Maintenance crew – full and part time

  • 7am till 3:30pm
  • Also can suit parents for part time roles with school kids
  • Maintaining our nursery stock, weeding, staking, pruning
  • Tractor operation for some personal

These roles have the opportunity for future job progression in the horticultural industry, and for enthusiastic and motivated team members future opportunities to join our apprenticeship program. A career path in Horticulture is only limited by your interests and motivation, there are many learning pathways that be can taken.

Check out this industry overview here.

Successful applicants will also require a pair of steel capped safety boots. All other PPE (personal protective equipment) is provided.

Please note we are located in Carabooda, there is no public transport to our site.

For more information or to apply, please email a resume (word doc or PDF format preferable) to jobs@benara.com.au

Start your greenlife career with us. We are now hiring.

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How Long Does It Take To Grow Our Trees?

As part of our quality control processes and as we grow from one pot size to another to ensure proper root development and plant growth each variety of plant is propagated at a specific time of year. Ordering your stock at the right time will ensure we can then program growing times to have the best possible specimens at the time of sale. Not allowing enough time or having trees growing for too long can impact their health.

Lead Times

Average time it takes to get stock to the right size

• Tubestock, 13cm, 14cm grow pots = 6 months – 1 year
• 17cm, 5lt, 8lt grow pots = 1 - 1.5 years
• 12lt, 30lt, 90lt grow pots = 2 - 3 years
• 200lt grow pots/bags = 4 years+

Image growth timeline is intended as a guide only. Contact us to disscuss your needs.

 

What to consider for ordering?

Plants take time to grow. When it comes to ordering advanced stock we strive to have a range of plant sizes available. In order to ensure we have the right size for your project needs there are some specific times of the year where it is best to place you order to help us meet your requirements.

How Long Does It Take To Grow Our Trees?

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