Welcome to Future Post!

These terms and conditions outline the rules and regulations for the use of Future Post Limited's Website, located at www.futurepost.co.nz.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Future Post if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties" ,or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of New Zealand. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Terms of Trade

FUTURE POST LIMITED

TERMS OF TRADE: SUPPLY OF GOODS

1.        APPLICATION

(a)      Unless otherwise agreed in writing by Future Post Limited (Supplier), the following terms of trade (Terms) will apply in respect of any Quote or Invoice (as that term is defined below) for the supply of any goods (Goods) that is accepted by the customer specified in that Quote or Invoice in accordance with clause 2 (Customer).The Customer acknowledges that the supply of all Goods by the Supplier pursuant to that accepted Quote or Invoice will be subject to these Terms.

(b)      If there is any inconsistency between a provision of these Terms and any provision in any other written agreement between the Customer and the Supplier, the provisions will apply in the following descending order of priority:

(i)        the provisions in any written agreement between the Customer and aduly authorised employee of Supplier; and

(ii)       these Terms,

providedthat these Terms will prevail over any other terms and conditions stipulated bythe Customer or included as part of any of the Customer's documentation.

(c)      The Supplier may amend these Terms at any time. The amended Termswill apply in respect of any Quote or Invoice accepted by the Customer for thesupply of any Goods to the Customer following the date the amended Terms areprovided to the Customer in writing.

2.        QUOTESAND INVOICES

(a)      The Supplier may provide a written quote to the Customer for the supply of Goods, which will specify the products, price per product, and indicative delivery date for those products (Quote).  

(b)      Each Quote will constitute an offer by the Supplier to supply the specified Goods to the Customer which may only be accepted by the Customer by written confirmation of the Quote (which may be by email).  

(c)      The Supplier may, in the absence of a Quote, provide a written invoice for the supply of Goods, which will specify the products, price per product, and indicative delivery date for those products (Invoice).

(d)      Each Invoice provided will constitute an offer by the Supplier to supply the specified Goods to the Customer. Payment of an Invoice will constitute acceptance by the Customer of the offer.  

(e)      All accepted Quotes and Invoices will be binding on the Customer and the Supplier, and may only be varied or cancelled by agreement in writing between the Customer and the Supplier.  

3.        PRICEAND PAYMENT

(a)      The price payable for any Goods supplied by the Supplier to the Customer (Price) will be:

(i)        the price set out in the Quote; or

(ii)       the price set out in the Invoice; or

(iii)      in the absence of any Invoice and price set out in the Quote, theSupplier's standard prices applicable for the Goods at the time the relevant Quoteis accepted by the Customer.

(b)      The Price will be payable by the Customer:

(i)        in one or more instalments as set out in written invoices sent by the Supplier to the Customer in respect of a Quote; or

(ii)       in the absence of a Quote, in one or more instalments as set out in the Invoice,

(Due Date).

(c)      If the Customer fails to pay the Price to the Supplier on or before the Due Date, the Supplier will be entitled to charge interest on any amount overdue for payment by the Customer from the Due Date until the date payment of the Price is received in full, together with any actual costs (legal or otherwise) incurred by the Supplier for the enforcement of payment of such overdue amounts. Interest will be charged on any overdue amount at the rate of 2.5% per calendar month and will be compounded monthly.

(d)      If the Customer pays any amount to the Supplier by way of a deposit or instalment of Price, such amount will not be refundable to the Customer unless the Supplier informs the Customer, in writing, that the Goods are unable to be supplied.  In such circumstances, the Supplier will refund to the Customer in full such amounts paid within 14 days of such notice.

(e)      Unless expressly stated in a Quote or Invoice, all amounts set out in a Quote or Invoice will be deemed to exclude GST and all freight or delivery charges, which will be payable by the Customer at the same time as the Price and in addition to the Price.

4.        DELIVERY

(a)      Unless otherwise agreed in writing, delivery of any Goods by the Supplier will be deemed to take place when the Goods are made available for collection by the Customer from the Supplier's premises as specified in the Quote or Invoice or otherwise delivered to the location agreed between the parties (Delivery).  If the Supplier agrees to arrange for the transportation of any Goods from the Supplier's premises to any nominated delivery address on behalf of the Customer:

(i)        the transportation of such Goods will be at the Customer's expense;

(ii)       the Goods will be properly and suitably packed by the Supplier and in such manner as to reach the intended destination in good condition under normal conditions of transport;

(iii)      the Supplier will act as the agent for and on behalf of the Customer and will not be liable for, or responsible for, any damage that occurs during or after Delivery;

(iv)      the Supplier may deliver the Goods by separate instalments; and

(v)       the Supplier will not be liable to the Customer for any loss of revenue, loss of profits or any other indirect or consequential losses or liabilities incurred by the Customer on account of any Goods not being delivered on any specified date. The delivery date on any Quote or Invoice will be indicative only. The Supplier will have no responsibility for any delivery delays and the Customer will be required to accept delivery of the Goods when tendered for delivery.

(b)      The Customer will make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery and will be responsible for unloading the Goods from the delivery vehicle at its own cost. If the Customer is unable to take delivery of the Goods at the time of delivery, or otherwise requested by the Supplier to delay delivery, the Customer will pay to the Supplier any reasonable costs incurred by the Supplier in relation to the storage and redelivery of the Goods.

5.        RISK AND TITLE

(a)      Unless otherwise agreed in writing, all risk of loss, damage, deterioration or destruction to the Goods will pass to the Customer on Delivery.  Title to any Goods will not pass to the Customer until the Supplier has received payment in full in cleared funds for all Goods supplied to the Customer.

(b)      Until title to the Goods passes to the Customer under clause 5(a), the Customer will:

(i)        hold the Goods as a bailee only;

(ii)       clearly designate the Goods as the Supplier's property and store the Goods in such a way that they are identified as the Supplier's property; and

(iii)      maintain the Goods in good order and condition and preserve the Goods in their present form.

(c)      Without prejudice to the Supplier's other rights and remedies, the Supplier will be entitled to retake possession of any Goods at any time prior to payment in full being received for those Goods. The Customer grants the Supplier an irrevocable right and authority to enter onto any place where such Goods are situated, or thought to be situated at any time and to take and resell the Goods and to retain the proceeds from such sale.  Any shortfall arising from such sale will be a debt due and owing to the Supplier by the Customer.

6.        PERSONALPROPERTY SECURITIES ACT 1999 (PPSA)

(a)      The Customer acknowledges that the retention of title in these Terms gives rise to a security interest (as defined under the PPSA) in all present and after acquired Goods, and all proceeds of such Goods, supplied by the Supplier to the Customer under these Terms to secure the Customer's performance of its obligations under these Terms.

(b)      The Customer undertakes to:

(i)        promptly do all things, execute all documents and/or provide any information which the Supplier may reasonably require to enable the Supplier to perfect and maintain the perfection of its security interest (including by registering a financing statement);

(ii)       give the Supplier not less than 14 days prior written notice of any proposed change in its name and/or any other change of its details; and

(iii)      immediately on request by the Supplier (and at the Customer's expense) obtain from any third party such agreements and waivers of any security interest that third party has in respect of the Goods to ensure that at all times the Supplier has a first ranking security interest in the Goods.

(c)      The Customer waives its rights to receive a copy of anyverification statements under the PPSA and agrees that as between the Supplier and the Customer:

(i)        the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 134 of the PPSA; and

(ii)       where the Supplier has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

7.        CLAIMSIN RELATION TO GOODS

(a)      Any claims by the Customer that any Goods supplied do not correspond to the relevant Quote or Invoice, or that any Goods received are defective, must be made in writing to the Supplier within 5 days after of Delivery of the Goods.

(b)      If no claim is received by the Supplier within 5 days after Delivery the Customer will be deemed to have irrevocably accepted the Goods.

(c)      If a claim is made by the Customer in accordance with clause 7(a), the Customer will afford the Supplier a reasonable opportunity to inspect the Goods and to investigate the reason for any claim. Subject to verification by the Supplier, the Supplier may in its sole discretion either replace any Goods provided to the Customer or will otherwise provide a refund of the Price paid by the Customer in relation to the Goods.    

8.        RETURNS

(a)      Except in accordance with the process set out in clause 7, the Customer acknowledges that it may not return any Goods to the Supplier, without the Supplier's prior written consent. The Customer acknowledges that the Supplier may, as a condition of it agreeing to accept any returned Goods stipulate any terms and conditions that must be met in relation to the returned Goods and any handling or restocking fees that may apply.

9.        PRODUCTWARRANTIES

(a)      Subject to the conditions and limitations of this clause 9, theSupplier warrants the durability of the Goods as follows:

(i)        25 years from Delivery of Goods with product codes 116/2.4 and125/2.4 used as vineyard intermediate posts;

(ii)       25 years from Delivery of Goods used as fence line/intermediateposts (excluding posts used as end assemblies);

(iii)      Subject to the end-assembly exclusion in clause 9(d)(i), 10 yearsfrom Delivery for all other Goods manufactured by the Supplier.

(b)      Subject to the Customer’s compliance with clause 9(c), and theapplication of clause 9(d), the Supplier will either replace or refund thepurchase price of any Goods (excluding any associated freight cost) that failwithin the relevant warranty period set out in clause 9(a).    

(c)      In order to make a warranty claim under this clause 9, theCustomer must:

(i)         provide the Supplier withreasonable evidence of the defects;

(ii)       provide proof of purchase; and

(iii)      arrange for the return of the defective Goods to the supplier forreplacement.

(d)      The warranties set out in this clause 9 do not cover:

(i)        Goods used in fence or vineyard row end-assemblies (e.g. asstrainer posts);

(ii)       Defects caused by improper use or installation and/or use forwhich the Goods were not designed;

(iii)      Defects caused by client conduct, including modification of the Goods;

(iv)      Defects caused by normal wear and tear;

(v)       Visual or minor defects that do not affect the performance of theGoods;

(vi)      Discolouration, expansion or contraction of the Goods;

(vii)     Any earthquake, flood or other adverse weather event that damagesthe Goods.

(e)      Except as expressly set out in this clause 9, the Supplier makesno representation, warranty or undertaking (whether express or implied) inrelation to any Goods (including any warranty as to the merchantability,quality, or condition of the Goods, compliance with the description of theGoods, the suitability or fitness of the Goods for the Customer's purposes, orthe use of the Goods).  To the maximumextent permitted by law, all such representations, warranties and undertakingsare negatived and excluded.  

(f)       Where the Customer is acquiring, or holds itself out as acquiring,any Goods for the purposes of a business in terms of section 43(2) of theConsumer Guarantees Act 1993 (Act),the Customer will not assert or attempt to assert any rights or claims againstthe Supplier under the provisions of the Act.

(g)      The Customer acknowledges that it is not relying on the Supplier'sskill or judgment as to the suitability or otherwise of the Goods for anypurpose.

(h)      The Customer acknowledges and agrees that on the basis the Goodsare being supplied in trade within the meaning of the Fair Trading Act 1986 (FTA),the parties agree to contract out of sections 9, 12A, 13 and 14(1) of the FTA.

10.      INTELLECTUAL PROPERTY

(a)      The Customer acknowledges that as between the Customer and theSupplier, unless expressly agreed in writing and signed by the Supplier, theSupplier will own all of the intellectual property rights (whether registeredor unregistered) relating to the Goods, and all right and title to any actualor possible development or improvement in the Goods or the intellectualproperty (together, the Supplier IP).

(b)      The Customer acknowledges that it will not at any time acquire anyright, title or interest in any kind in the Supplier IP.

11.      INDEMNITYAND LIMITATION OF LIABILITY

(a)      The Customer will indemnify the Supplier at all times against anyloss, damage or costs suffered or incurred by the Supplier as a direct orindirect result of a breach by the Customer of any of its obligations underthese Terms (including without limitation all dishonour fees, debt collection,collection agency costs and legal costs on a solicitor/client basis).

(b)      Notwithstanding any contrary provision contained in these Terms orelsewhere, the maximum liability of the Supplier to the Customer under or inconnection with these Terms or in relation to any Goods will be limited at theSupplier's sole option to:

(i)        replacement of the Goods or the supply of equivalent Goods; or

(ii)       the refund of any amount actually paid by the Customer for theGoods.

(c)       Nothingexpressed or implied in these Terms will confer any liability on the Supplierfor any consequential, indirect or special loss, damage, cost or expensesuffered or incurred by the Customer as a direct or indirect result of:

(i)        a breach by the Supplier of any of its obligations under theseTerms; or

(ii)       any use of the Goods otherwise than in accordance with anyrelevant specifications notified by the Supplier to the Customer.

12.      USEOF INFORMATION

TheCustomer acknowledges that:

(a)      any information provided by the Customer to the Supplier may becollected and used by the Supplier for any purpose connected with theSupplier's business including (but not limited to) direct marketing, debtcollection and credit reporting or assessment;

(b)      the Supplier is authorised to carry out credit checks in relationto the Customer, and where the Customer is a company, about the directors ofthe Customer and to provide such information to any external agency or partyfor credit information and assessment purposes necessary for those purposes;and

(c)      the Supplier and any external agency or party may retain and/oruse such information for as long as they see fit.

13.      GENERAL

(a)      These Terms are governed by the laws of New Zealand and theparties submit to the exclusive jurisdiction of the New Zealand courts inrespect of all matters relating to these Terms.

(b)      The Supplier and the Customer each acknowledge that these Terms,and any agreement agreed in writing between the parties which expressly refersto these Terms, contain the entire understanding and agreement between them andthat there have been no representations made by either party to the otherexcept as expressed in these Terms.  

(c)      If any provision of these Terms is found to be invalid, void,illegal or unenforceable the validity, existence, legality and enforceabilityof the remaining provisions will not be affected.

(d)      The Customer may not assign, subcontract or hold on trust for anythird party any of its rights under these Terms without the prior writtenconsent of the Supplier. Any change of control of the Customer will be deemedto be an assignment for the purposes of this clause.

(e)      Where two or more persons or entities are listed as being theCustomer, both parties will be jointly and severally liable for the payment ofall amounts owing by the Customer to the Supplier.

(f)       The Supplier will not be liable for any default due to any act ofGod, war, terrorism, strike, lock-out, industrial action, fire, flood, drought,storm or any other event beyond the reasonable control of the Supplier.

(g)      References in these Terms to any legislation is deemed to includerefence to any subsequent statutory provision which amends or replaces it, andany by law, regulation, order, statutory instrument, determination orsubordinate legislation made under it.

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Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Future Post Limited and/or its licensors own the intellectual property rights for all material on Future Post. All intellectual property rights are reserved. You may access this from Future Post for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Future Post
• Sell, rent or sub-license material from Future Post
• Reproduce, duplicate or copy material from Future Post
• Redistribute content from Future Post

This Agreement shall begin on the date hereof.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the     Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organisations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms;
• business partners; and
• educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Future Post Limited; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as thelink: (a) is not in any way deceptive; (b) does not falsely imply sponsorship,endorsement or approval of the linking party and its products or services; and(c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 aboveand are interested in linking to our website, you must inform us by sending ane-mail to Future Post Limited. Please include your name, your organizationname, contact information as well as the URL of your site, a list of any URLsfrom which you intend to link to our Website, and a list of the URLs on oursite to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Future Post Limited's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in thisSection and elsewhere in this disclaimer: (a) are subject to the precedingparagraph; and (b) govern all liabilities arising under the disclaimer,including liabilities arising in contract, in tort and for breach of statutoryduty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.