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.

  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.

  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.

  40. If you would like to know more about the personal information which we hold about you; or our personal information handling practices; or gaining access to the personal information which we hold about you; or our handling of personal information about you, please contact Benara by writing to Benara’s Privacy Officer at Benara’s address in this agreement or such other address as Benara may have notified to you in writing from time to time 2.

  41. Benara will provide you with a copy of this information for which a fee may be payable.  You should let us know if you think any information we hold about you is inaccurate so that we may correct it.

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Benara Nurseries - Accredited Tree Grower

Established in 1963, Benara Nurseries has always been a Western Australian family-owned and managed company, with four generations actively involved in the nursery. Combined, the owners have over 200 years of experience in producing plants for the horticultural industry. Today, Benara Nurseries employ over 300 local staff, including 40 key staff that have been with the company for more than 10 years.

These years of experience and knowledge have culminated in the establishment of a main nursery in Carabooda with 220 acres under production, a secondary location in Wanneroo dedicated to the growth of seedlings and revegetation tubestock, and two separate wholesale Trademarts located north and south of the river. This combined presence means Benara Nurseries is WA’s leading plant producer, with the capacity to grow from 64 Cell to 500lt trees and service retailers, landscapers, contractors, landscape architects, local council parks and garden division, major developers, market gardeners, revegetation projects and commercial tree plantations.

In this time, Benara Nurseries has built a reputation for supplying premium quality plants in small and large volumes to strict schedules for local projects and customers Australia-wide including other production nurseries. To do so, the business has completed several accreditation programmes to ensure its success. These include the Nursery Industry Accreditation Scheme Australia’s (NIASA) ‘Setting the Standards, ‘EcoHort’, and ‘Landscape Tree Stock Specification’ – for which Benara were actively involved in the research project.


NIASA is a national scheme for production nurseries, providing a standard of professionalism. NIASA accreditation is considered the benchmark for best practice in horticulture. Areas covered under the scheme include: plant hygiene to prevent and manage pest and diseases, plant management practices for all areas of growing such as watering, root binding and fertilising.

These guidelines were developed over a period of years by respected industry representatives and researchers, and are regularly reviewed, ensuring they cover current production and environmental issues. Benara Nurseries is independently audited every year, to ensure we comply with these standards.

EcoHort is the industry-specific set of guidelines or Environmental Management System (EMS). It is a method by which a grower can demonstrate to industry, government and the community their sound environmental and natural resource stewardship.


Furthermore, Benara Nurseries is also working towards achieving the nationally recognized BioSecure HACCP certification. This is the on-farm bio-security program for production nurseries in Australia, and validates many of the best management practice strategies employed under the NIASA, while also seeking to identify internal (endemic) and external (exotic) threats to the integrity of a business’ bio-security processes and preparedness.

The BioSecure HACCP set of protocols and procedures enable a business to manage bio-security risks by establishing an effective internal quarantine process for both imported and exported plant material. It encourages industry businesses to maintain the strictest procedures possible and record the actions taken at critical control points. This sound risk management strategy ensures Benara Nurseries remains protected from biological risks.

The cumulation of these accreditations has helped to position Benara Nurseries as an approved Western Australian Local Government Association (WALGA) Preferred Supplier, contract growing quality plant and tree stock for councils and shires over more than 50 years.

To learn more about how long it takes to grow our trees, including how far in advance you should choose a species, click here to read our other blog.

Benara Nurseries - Accredited Tree Grower

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Grow Edible Flowers

Flowers bring joy and cheer wherever they are placed – whether that be nestled in amongst garden beds, adorning pots, cascading from hanging baskets or decorating a table top inside the home. In fact, they are so versatile, flowers are also suitable for homes that have no yard as they can be grown in tight spaces like window sills, balconies and courtyards. They make an excellent gift for a loved one and are easy enough to grow, therefore a great gardening activity for children.

Perhaps overlooked however, is the fact that many flowers are edible.


These botanical beauties can do much more than make a space look inviting. Certain flowers, leaves and/or their seeds hold nutritional value and can be readily consumed. This has long been recognized in varieties such as Lavender and Dandelion, which have been used in traditional medicines for thousands of years as natural remedies for mild afflictions. Globally, the demand for edible flowers has boomed in recent years, particularly through the catering and events industries, with television programs further promoting the knowledge and use of edible flowers in gastronomy.

While edible flowers can be purchased pre-packaged from health food or baking supply stores, they are often expensive. Grow your own instead to ensure the dinner table looks bright and beautiful all year round. Doing so will also help more than your wallet. The trend ‘Cottage Core’ is making waves for its visual, economic and environmental impacts, which sees all gardeners from the novice to the expert embracing wild, untamed beds full of flowers that attract and benefit native pollinators, as well as contributing to local biodiversity.


The components of most edible flowers are extremely delicate and don’t preserve well, so it is best to consume them right after being picked. Clean edible flowers by adding to a bowl of cold water and then placing them on paper towel to air dry. Store in a damp paper towel within an airtight container, where they can be kept in the refrigerator for up to a week.

Typically, the most common way to consume flowers is through a beverage such as tea. This is often the case for edible varieties of Chamomile, Hibiscus and Lavender. Steep the flowers in hot water for an hour, then add honey or lemon to sweeten the tea naturally. Alternatively, to really wow your guests, add flowers to their favourite cocktail or freeze the flowers in ice cubes so they can be added to various drinks for extra cheer!


Edible flowers are also frequently used in a wide variety of dishes. From bringing flavour to fruit and vegetable salads, through to decorating desserts such as cakes or pastries. Flowers can also be used simply as a garnish, where it is left up to your guests if they choose to eat it. So, add some colour and flair with edible flowers on your festive dishes this holiday season!

Disclaimer: Edible flowers or foliage should be picked fresh from an area that has not been exposed to any horticultural chemicals and should be washed clean. Some flower components (such as the stamen or pollen) must also be removed prior to consumption. Flowers are often intended only as a garnish, and should not be eaten in excess. If you are unsure whether a flower or its foliage is edible, do not eat it; instead consult a Botanist or your health provider.


Click here to search and view edible flower options in our online plant library.

Grow Edible Flowers

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Celebrate the Year of the Sunflower

2021 was declared the ‘Year of the Sunflower’ – and perhaps now more than ever the world needs a bright, sunny flower that is a symbol of positivity.

Helianthus annuus, commonly known as sunflower, is an annual species producing round, daisy-like flower heads of yellow petals with dark centres and is one of the most easily recognizable flowers in the world. Native to the Americas, the wild plants are widely branching and produce multiple flower heads, while in comparison, the iconic domesticated sunflower has only a single flower head atop a tall, unbranched stem. The tallest sunflower on record was grown in Germany in 2014, and achieved 9.17 metres!


First cultivated by indigenous American peoples as early as 2300 BC, sunflowers were thought to represent their solar deity. Each flower head can produce up to 1,000-2,000 edible seeds. The seeds were brought to Europe from the Americas by early Spanish explorers during the 1500s, where, along with sunflower oil, they became a prevalent cooking ingredient.

Over the next few centuries, sunflower popularity spread to the Asian and African continents as well, quickly gaining momentum around the world. Various cultures embraced the vibrant blooms for different reasons, some even incorporating its symbolism into their religion. Today, sunflowers are thought to represent a wide variety of notions, from health and happiness to hope and prosperity. Dutch painter Vincent Van Gogh’s world-renowned still-life series of sunflowers are so famous, the Van Gogh Museum partnered with the breeder of Sunrich sunflowers to establish a “Van Gogh’s Favourite” variety.


Sunflowers continue to be largely grown as a crop, as well as ornamentals, with hybrids now available in varying sizes and colours. In addition, the fields upon fields of cheery, yellow flowers have also become wildly popular backdrops for wedding and fashion photographers.

Single stem varieties are best for mass planting in garden beds or as cut flowers, while branching varieties are ideal for planting in pots and containers. Quick and easy to grow, dwarf sunflower varieties such as Eos or Teddy are great for children and perform best in well-draining soil. They require at least 6 hours of sunlight daily and removing the spent flower heads promotes new growth.

Discover available Sunflowers in our online plant library.

Celebrate the Year of the Sunflower

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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).


Chilli is used in a wide variety of cuisines – most typically Thai, Indian, Chinese, Columbian, Sri Lankan, Mexican and Indonesian cooking. Studies have shown that consuming certain spices such as chilli at least once a day can improve overall health, by speeding up metabolism and providing anti-inflammatory properties. Chillies can add a spicy flavour to numerous cooked dishes and sauces. Infuse their 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 will 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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Sowing seedlings at Benara Nurseries

As leaders in horticultural plant production, Benara Nurseries are proud to operate a premier seedling division considered to be one of the most modern and automated seedling nurseries in Australia.

Benara Nurseries have over 50 years’ experience growing high quality commercial seedlings for home gardeners, market gardens and chain stores across Western Australia; and today, we produce millions of seedlings annually.


Located in Perth’s northern suburbs, our seedling division utilises soil pasteurisation, germination chambers, roller benches, automated transplanting machines and boom watering facilities to produce a diversified assortment of high quality annual and vegetable seedlings. Each tray is carefully managed by our dedicated team who ensure the seedlings are hardened off in the elements before dispatch to the retail consumer.


Our seedlings are available to purchase online and at both Trademarts in various sizes, which includes: 6, 8 and 10 punnet trays; maxi pots; 9cm pots; as well as hanging baskets.

These include:

  • Fairy Flowers for pollination, such as Impatiens, Marigold and Pansy;
  • Garden Fresh popular herbs and vegetables, such as Chillies, Corn and Strawberries;
  • Hang Abouts succulent selects, such as Echeveria, Kalanchoe and Sedum;
  • The Diggers Club heirloom varieties of herbs and vegetables, such as Beetroot, Garlic and Pumpkin;
  • and Vibrant Living for instant colour, such as Chrysanthemum, Coleus and Geranium.


During the 8-12 weeks it takes to go from seed to sale, our Production Staff are integral to the process. They operate the machinery, prepare and clean trays and move benches of seedlings into the Germination Room and/or out into the nursery when required, as well as tend to the punnets during their initial growing period before the plants are shipped out.


We hold both NIASA accreditation and EcoHort certification, and are always seeking to innovate and improve where possible. As a licensed grower, we work with other seedling companies to trial new varieties and keep up with the latest trends.

Our commercial vegetable production capacity means we can meet large growing contracts, and our in-house fleet of transport vehicles means we have the ability to meet strict delivery schedules.

VIDEO: Click here to watch Josh Byrne of ABC Gardening Australia visit Benara Nurseries' Seedling Division

Learn more about our seeding division here and explore the seedling ranges in our online plant library.

Sowing seedlings at Benara Nurseries

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