Future Post is committed to producing the best product possible whilst ensuring the use of recycled plastic as a raw material. The following manufacturer’s warranty is contained in Future Post’s Terms of Trade which may be
downloaded here.a)
Subject to the conditions and limitations of this clause 9, the Supplier warrants the durability of the Goods as follows:
i)
25 years from Delivery of Goods with product codes 116/2.4 and 125/2.4 used as vineyard intermediate posts;
ii)
25 years from Delivery of Goods used as fence line/intermediate posts (excluding posts used as end assemblies);
iii)
Subject to the end-assembly exclusion in clause 9(d)(i), 10 years from Delivery for all other Goods manufactured by the Supplier.
b)
Subject to the Customer’s compliance with clause 9(c), and the application of clause 9(d), the Supplier will either replace or refund the purchase price of any Goods (excluding any associated freight cost) that fail within the relevant warranty period set out in clause 9(a).
c)
In order to make a warranty claim under this clause 9, the Customer must:
i)
provide the Supplier with reasonable evidence of the defects;
ii)
provide proof of purchase; and
iii)
arrange for the return of the defective Goods to the supplier for replacement.
d)
The warranties set out in this clause 9 do not cover:
i)
Goods used in fence or vineyard row end-assemblies (e.g. as strainer posts);
ii)
Defects caused by improper use or installation and/or use for which 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 the Goods;
vi)
Discolouration, expansion or contraction of the Goods;
vii)
Any earthquake, flood or other adverse weather event that damages the Goods.
e)
Except as expressly set out in this clause 9, the Supplier makes no representation, warranty or undertaking (whether express or implied) in relation to any Goods (including any warranty as to the merchantability, quality, or condition of the Goods, compliance with the description of the Goods, the suitability or fitness of the Goods for the Customer's purposes, or the use of the Goods). To the maximum extent permitted by law, all such representations, warranties and undertakings are 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 the Consumer Guarantees Act 1993 (Act), the Customer will not assert or attempt to assert any rights or claims against the Supplier under the provisions of the Act.
g)
The Customer acknowledges that it is not relying on the Supplier's skill or judgment as to the suitability or otherwise of the Goods for any purpose.
h)
The Customer acknowledges and agrees that on the basis the Goods are 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.