TERMS AND CONDITIONS OF SALE

1. INTERPRETATION
In these Terms and Conditions the following expressions will have the following meanings:

“Customer” - the person(s), firm or company (including a Consumer) whose order for the Goods or Services is accepted by Font57
“Contract” - any contract between Font57 and the Customer for the sale and purchase of the Goods or supply of the Services.
“Services” - any Services which Font57 provides to the Customer under a Contract
“Terms and Conditions” the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between the Customer and Font57 and attached to these terms and conditions.
“The Seller” - Font57 (trading as part of Indigo Group UK Ltd) from First Floor, 6-10 Hough Lane, Leyland, PR25 2SD. Font57 provides Copywriting, Documentation, Marketing, Copyediting and Proofreading services to Customers. Upon completion of these “Services” the output, usually in the form of a document(s), become “Goods”.

2. FORMATION AND INCORPORATION
2.1 Subject to any variation under Condition 11.1, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
2.2 Customers may request Goods and Services from Font57 in person, over the telephone or via email. Customers will be provided with a written estimate which describes the Services and Goods to be provided and an estimated cost. No Services or Goods will be provided until the Customer indicates in writing (via email is acceptable) that they accept the estimate and Terms and Conditions.
2.3 Upon receiving written acceptance of the estimate and the Terms and Conditions Font57 will accept the Customers order. The Contract is formed when the order is accepted by Font57.
2.4 Estimates are valid for a period of 30 days only from its date, provided Font57 has not previously withdrawn it.
2.5 Font57 may cancel the Contract at any time.

3. DESCRIPTION
3.1 The quantity and description of the Goods and/or Services will be as set out in the Estimate and/or Specification.

4. PRICE AND PAYMENT
4.1 The price for the Goods and/or Services will be set out in Font57’s estimate current at the date of acceptance of order.
4.2 Font57 may invoice the Customer for the Goods or the Service on or at any time after delivery and payment is due within 7 days of service of such invoice. Font57 may, in its absolute discretion, require payment to be made before the provision of any Goods or Services by Font57.
4.3 All payments to be made by the Customer under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.
4.4 Font57 may at any time suspend the provision of the Goods or the Services if the Customer is late in making any payment due to Font57.
4.5 If any sum payable under the Contract is not paid when due then, without prejudice to Font57’s other rights under the Contract, that sum will bear interest from the due date until payment is made in full at 8% per annum over the Bank of England’s base rate together with any administrative charges incurred.

5. RISK/TITLE
5.1 All Goods will remain the property of Font57 until the price of such Goods has been paid in full (in cash or cleared funds).
5.2 Risk in the Goods will pass to the Customer from the date of delivery.
5.3 The Customer’s right to possession will terminate immediately upon the occurrence of an event which would allow Font57 to terminate the Contract.

6. LIABILITY OF FONT57
6.1 This Condition is in addition to and does not affect a Consumer’s rights in relation to defective Goods or Services given to consumers by law.
6.2 The Customer is responsible for checking the appropriateness and accuracy of the Goods. Reasonable efforts are made by Font57 to check the Goods and ensure they meet Customer requirements but the Customer is responsible for final checks the decision to use the Goods is wholly theirs.
6.3 Font57 will, free of charge, rework and replace Goods which are proved to the reasonable satisfaction of Font57 to be defective within a period 7 days from the date of delivery of Goods. This obligation will not apply where any instructions as to the use of the Goods have not been complied with in all respects.
6.4 Font57 will be under no liability to the Customer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any Contract including the provision of any Goods or Services.

7. ADDITIONAL TERMS RELATING TO CUSTOMERS
7.1 Once a Contract has come into existence between Font57 and the Customer, the Customer has the right to cancel the Contract; however Font57 retains the right to charge for Services already started.
7.2 Customers are required to inspect the Goods for the purpose of ascertaining whether or not they are defective. Customers are required to notify Font57 within 7 days of receipt in the event that the Goods are found on inspection to be defective. Font57 will rewrite and replace the Goods or refund the price paid by the Customer.
7.3 Customers should place any complaints in writing and address to Font57, First Floor, 6-10 Hough Lane, Leyland, PR25 2SD or submit the complaint via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Font57 will respond to all complaints within 10 working days of receiving the complaint.

8. FORCE MAJEURE
8.1 Font57 will not be liable to the Customer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control and contemplation of Font57 including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and Font57 will be entitled to a reasonable extension of time for performing such obligations.

9. INTELLECTUAL PROPERTY
9.1 All intellectual property rights in the Goods belong to Font57 until the Customer has paid for the Goods in full. The Customer has no right to use or distribute the Goods supplied by Font57 until the Goods are paid for in full.
9.2 The Customer shall notify Font57 immediately if the Customer becomes aware of any claim made against the Customer that normal use or possession of the Goods or Services infringes or is alleged to infringe the intellectual property rights of any third party.
9.3 If at any time in connection with any Contract Font57 creates any intellectual property related to the subject matter of the Contract, Font57 shall treat such intellectual property and all information relating to it as confidential to the Customer.
9.4 The Customer is responsible for ensuring any and all materials provided to Font57 to be used and/or incorporated into Goods are the intellectual property of the Customer and free from copyright as defined under the Copyright Designs and Patents Act 1988.
9.5 If any claim or action is brought against Font57 for breach of copyright or infringes of intellectual property rights or libel, as a result of materials supplied to Font57 by the Customer, then the Customer agrees to indemnify Font57 for the full amount and any costs incurred

10. TERMINATION
10.1 Font57 may by written notice terminate the Contract immediately if the Customer is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Failure to pay any sums due is a material breach of the terms of the Contract.

11. GENERAL
11.1 The Contract and/or these Terms and Conditions may only be varied or amended in writing by Font57.
11.2 The Contract contains all the terms which Font57 and the Customer have agreed in relation to the Goods and/or Services and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Goods and/or Services. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Font57 which is not set out in the Contract.
11.3 For the avoidance of doubt should there be any conflict between the Terms and Conditions of sale set out in this document and any special terms attached to them then the special terms shall prevail.
11.4 The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by English law. The English courts will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with the Contract. The parties agree to submit to that jurisdiction.

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