Terms Of Sale
The following Terms and Conditions of Sale ("Terms") will apply to any transaction between G-Type and you ("You" or the "Customer"). These Terms will exclusively govern all contracts for the supply of goods formed by G-Type’s acceptance of a customer order or a customer’s acceptance of a G-Type quotation. Any additional or inconsistent terms, including any terms and conditions set forth on a customer purchase order, will not be binding upon G-Type unless G-Type provides its express agreement in writing. PLEASE READ ALL OF THESE TERMS CAREFULLY.
1. General and Definitions
1.1 In these Conditions:
1.1.1 “We”, “us” and “our” means G-Type;
1.1.2 “Customer”, “you” and “your” means any person or legal entity that submits an order to us subject to these Terms;
1.1.3 “Contract” means any agreement made subject to these Terms;
1.1.4 “Goods”, “Product” or “Products” means the subject matter of the Contract, or any part thereof and may be downloadable products, physical products and/or Services provided by us;
1.1.5 “Services” means any commissioned design work, artwork concept development work, consultation service, or any other service provided by us;
1.1.6 “Supplier” means any organisation or manufacturer that supplies or licences any Goods to us (in the form of physical products, non physical products, services or otherwise) for onward sale or resale;
1.2 The Contract for supply of Goods will be formed upon your acceptance of our quotation or our acceptance of your order. Acceptance of an order by us can only be made in writing whether as a hard copy or electronically by e-mail.
1.3 Any offer made by us is without obligation and subject to change without notice unless the offer has been designated as binding in the text of the offer. A Contract will only become valid when it has been accepted in writing by us (confirmation of order) or until the order is completed or performed (e.g. delivery or download). Written confirmation of the order will be final for the contents of the Contract. Oral understandings or arrangements will require written confirmation from us to become valid and binding.
1.4 These Terms and any specific terms referred to in our quotation or order acknowledgement (and the terms and conditions of any licence under which Goods are supplied) constitute the entire understanding of the parties and shall apply to the Contract and no other contractual terms or conditions shall be of any effect with respect to the Contract unless expressly accepted by us in writing. The holding, banking, negotiation or other use of any deposit shall not constitute acceptance by us of an order.
1.5 The Customer acknowledges that certain Products purchased are subject to separate licence agreements and agrees to be bound thereby.
1.6 The provisions of the Contracts (Rights of Third Parties) Act 1999 and all non-mandatory provisions of the Electronic Commerce (EC Directive) Regulations 2002 are expressly excluded from the Contract.
1.7 We reserve the right to correct errors in our offers, invoices and communications such as spelling or arithmetical errors.
1.8 These Terms may not be varied or waived except with our express written agreement.
2. Pricing, Promotional Material and Description of Goods
2.1 Information provided on our website, PDF documents, price lists, catalogues, brochures and all promotional material are subject to alteration without notice and are only an indication of the type of goods and services offered and shall not constitute representations to be relied upon in entering into Contracts or be binding on us nor be deemed in any way to modify these Terms.
2.2 All drawings, illustrations, specifications, typographic data, particulars of weight and dimensions and the like published by us in sales literature, on web pages or other documentation have been provided in the belief that they are accurate, however they do not constitute a description of the Products, are not binding and are not warranted to be accurate.
3. Quotations, Prices and Delivery Charges
3.1 All prices are quoted in GBP (unless otherwise stated in writing or displayed in a different currency on our website) and exclude VAT, all other taxes and duties, handling, freight, shipping charges and any insurance premiums, all of which will be added to or charged on invoices at the appropriate rates and paid by you where applicable. Products downloaded from our website or delivered to you electronically will not normally incur any delivery charges.
3.2 The prices for Products will be those stated on our website, written quotation or order acknowledgement. We may vary the prices quoted if between the date of quotation or order acknowledgement and delivery there is an increase in the cost of supplying Products, including, without limitation, increases in the costs of carriage, packaging or insurance or arising from a change in exchange rate, a change in delivery dates, quantities or specifications for Products requested by you or delay caused by your instructions.
3.3 All quotations are generally valid for a period of 30 days from the date of quotation unless otherwise stated. Once 30 days has elapsed we may extend the period of validity or provide a new quotation.
4.1 We reserve the right to accept or refuse orders for any reason and may, prior to accepting your order, carry out a credit check. No order shall be deemed to be accepted until confirmed in writing by us.
4.2 We may without prejudice to any rights or remedies terminate or suspend delivery under the Contract without notice in the event of any failure by the Customer to observe or perform any of its obligations under any agreement (including the Contract) between the Customer and G-Type or if it appears to us that the Customer will or is likely to fail to observe or perform any such obligation.
5. Cancellation of Orders
You shall have no right to cancel an order without our prior written consent and then only on the condition that, without prejudice to any other rights we may have, you forfeit any deposit or part payment made for the Products and reimburse any losses we may suffer as a consequence of or in connection with the cancellation.
6. Returns & Refunds
All font software Products and any other type of Product supplied as downloads or otherwise are subject to the terms of the applicable End User Licence Agreement and once downloaded or the physical package has been opened, the Product in question will be deemed to have been used and accepted as non-returnable and non-refundable.
7.1 Any time or date quoted by us for delivery is an estimate only and is not binding upon us. We shall not be liable for any loss or damage whatsoever arising from failure to meet any time or date quoted for delivery even in the case of an expressly guaranteed delivery deadline.
7.2 We reserve the right to make partial shipments or to deliver in instalments. You agree to accept such deliveries and to pay for the corresponding partial amounts due including any shipment costs. Late or non-delivery of any partial shipment or instalment shall not relieve you of the obligation to pay for and accept deliveries of any remaining Goods or instalments.
8.1 Payment in full is due to G-Type no later than thirty (30) days from the date of invoice or delivery of the Goods to you unless special credit terms have been agreed and confirmed by us in writing.
8.2 We accept payments via bank transfer and most major credit/debit cards, such as Visa and MasterCard, or via payment systems such as PayPal.
9. Risk and Storage
Risk in the Goods (including risk of transport delays and losses) shall pass to you upon delivery to your premises (but not into your premises) or, in circumstances where you instruct your own carrier or if you provide your own transport, upon delivery to your carrier or own transport.
10.1 Title in the Goods shall remain with G-Type until we have received payment in full of all amounts due for the Goods from the Customer.
10.2 If you fail to pay for the Products in accordance with these Terms, we shall be entitled forthwith to suspend any further deliveries, under the Contract or otherwise and may instigate action against you for the full price of the Products and all related costs even though the title in the Products has not passed to you.
11.1 If any Goods or Services provided by G-Type are not satisfactory, we will at our discretion either remedy the cause of dissatisfaction in question, replace defective Goods, refund or partially refund the price of the Goods or Services or offer an alternative remedy. This remedy is the only remedy available to you for a breach of this warranty and is only available on condition that:
11.1.1 you notify us in writing of any problem within 7 days from receipt of Goods or Services;
11.1.2 defective Goods are returned to us within 7 days of the written notification referred to in condition 11.1.1;
11.1.3 we are satisfied that after examining the alleged defective Goods that the defect has not been caused by your mis-use, neglect, accident, inadequate maintenance, improper storage, installation, handling, or repair or alteration by a third party.
12. Disclaimer of Warranties
Unless otherwise agreed in writing between you and G-Type or as required by law, the Goods and Services purchased by you are provided by G-Type on an “as is” basis without any representation or warranties of any kind whatsoever, express or implied, including without limitation, warranties of non-infringement, merchantability or fitness for a particular purpose.
13. Third Party Liability
You shall indemnify and hold G-Type harmless from and against all losses, claims, costs, expenses, damages and liabilities, including legal fees on a full indemnity basis, that we may suffer or be held liable to pay by any third party for the provision or non-provision of the Services pursuant to this Agreement.
14. Limitation of Liability
14.1 Nothing in these Terms affects the statutory rights of a consumer as defined under the unfair contract terms act 1977. All conditions, warranties or representations not contained in these conditions and implied by statute or law are excluded to the fullest extent permitted.
14.2 Condition 11., 12. and 14. state the entire liability of G-Type to you under or in connection with the Contract.
14.3 All express or implied conditions, warranties or representations statutory or otherwise, as to the quality or fitness of materials used, Goods supplied, work or design done, Services performed or any other matter are hereby excluded or restricted to the fullest extent permitted by law.
14.4 In no event shall G-Type and/or its subsidiaries, affiliates, licensors or Suppliers or their directors, officers, employees, agents or representatives be liable for any special, indirect, exemplary, incidental, consequential or punitive damages or any damages whatsoever or any economic loss (including loss of profit) resulting from G-Type’s performance or failure to perform under the Contract or the furnishing, performance, or use of any Products or Services sold pursuant to the Contract whether due to a breach of contract, breach of warranty, the negligence of G-Type, tort (including negligence) or otherwise even if G-Type had been advised of such damages or losses.
14.5 G-Type and/or its subsidiaries, affiliates, licensors or Suppliers or their directors, officers, employees, agents or representatives shall not be liable in any action, contract or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, and whatever the cause thereof for any loss of business, contracts, revenues, savings, increased costs or expenses even if G-Type had been advised of the possibility of such damages.
14.6 G-Type and/or its subsidiaries, affiliates, licensors or Suppliers or their directors, officers, employees, agents or representatives shall not be liable in any action, contract or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, and whatever the cause thereof for any special, direct, indirect or consequential damage of any nature whatsoever suffered by you or any third party arising from the provision of the Services even if G-Type had been advised of the possibility of such damages.
14.7 We shall accept no liability whatsoever for any injury, loss, loss of data or damage suffered by the Customer arising from the negligence of G-Type, its employees, agents or subcontractors or arising in any other manner whatsoever.
14.8 Claims for compensation for idle time, loss of production, waste of material, or any other indirect damage claim are explicitly excluded.
15. Intellectual Property Rights
No right of intellectual property in any Product is granted to or vested in you other than the right to use the same. You will fully indemnify G-Type against all liabilities, costs and expenses resulting from any claim that our use of any specification provided by you in connection with the Contract infringes the rights of any third party.
If you pass or have a resolution passed for your winding-up, or a receiver is appointed over the whole or any part of your assets, or an administration order is made against you, or you enter into or propose to enter into any arrangement with your creditors, become unable to pay your debts (or have no reasonable prospect of so doing), suffer a bankruptcy order or commit a material breach of the Contract, then we may without prejudice to any other right immediately terminate the Contract, suspend or cancel further delivery and/or recover Products from you for which payment in full has not been received.
17. Force Majeure
Without prejudice to the generality of these Terms, we shall not be liable for any failure on our part to perform any of our obligations under the Contract where such failure is due to circumstances beyond our direct control. Such circumstances include, but are not limited to, any acts or failures on the part of our Suppliers or sub-contractors or any other third party (including your bank), your failure to furnish necessary instructions, act of God, government action or legislation, lightning, fire, storm, flood, earthquake, war or civil
commotion, terrorist act, sabotage, act of vandalism, interruption of transport, strike, lock out or other form of industrial action, accidents or stoppages to works, shortage of labour, materials, equipment, fuel or power, breakdown of machinery or any other cause whatsoever beyond the reasonable control of G-Type or its sub-contractors, whether or not such cause exists at the date of the order or Contract. In the event of such failure we may terminate the Contract.
18. Restrictions on Export
You acknowledge that the Goods may be subject to export licensing requirements of the United Kingdom and other jurisdictions and are wholly liable for obtaining any required licences from UK authorities and the authorities of the country to which the goods are to be exported and are wholly liable for complying with all relevant export control laws and regulations. The Customer indemnifies and holds G-Type harmless against any action, proceeding, judgement, penalty, fine, loss, liability, cost or expense (including reasonable legal fees) arising out of or relating to any violation by the Customer or any of its customers of any UK or other applicable export control law or regulation. These obligations and indemnities shall survive the term or termination of this Contract.
19. Governing Law
The construction, validity and performance of these Terms (including any Additional Terms referred to herein) shall be governed and construed in all respects by the laws of England and Wales and the exclusive forum for settling any disputes arising under or in connection with these Terms (including any Additional Terms referred to herein) shall be the English and Welsh courts. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.
20. No Waiver
Any failure to enforce any rights or provision of these Terms or Additional Terms shall not constitute a waiver or forfeiture of such rights or Terms or of any other right or provision hereof. No express or implied waiver by G-Type shall be construed as a continuing waiver nor shall it prevent us from acting upon that or any subsequent breach or from enforcing any right, term or condition of these Terms.
If any provision of these Terms is found to be unlawful or unenforceable in whole or in part, that provision or part provision shall be enforced to the maximum extent permissible and will be deemed severable from the remaining provisions of these Terms and will not affect the validity or enforceability of any remaining provision. Should one or more provisions in these Terms be or become wholly or partially invalid, it will be replaced by a clause that comes as close as possible to the intention of the invalid provision; the same will apply in the case of an omission.
We may assign, sub-contract or otherwise transfer the Contract in whole or in part. This Contract may not be assigned, transferred or pledged, in whole or in part, by you without the prior written consent of G-Type.
23. Survival of Terms
The expiration or termination of the Contract shall be without prejudice to any provisions of the Contract (including these Terms) which are to have effect after the date of such expiration or termination.
24. Entire Agreement
These Terms constitute the entire agreement between you and G-Type and supersede all previous agreements made whether electronic, oral or written.
G-Type is owned by Nick Cooke