1. Typeface
Typeface is owned and operated by the Maloo Trust.
2. Preliminary Work
All work carried out, whether experimentally or otherwise, at customer's request shall be chargeable.
3. Copy
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, Typeface shall be entitled to make additional charges on a time and materials basis to cover such additional work.
4. Proofs
Proofs of all work may be submitted for customer's approval and Typeface shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to Typeface’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
5. Copyright
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by Typeface shall vest in and belong toTypeface. Typeface may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials ("Materials") prior to instructing Typeface to reproduce the same. The customer shall indemnify and hold Typeface and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the Materials by Typeface infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any Website owned, controlled or operated by Typeface are the intellectual property of Typeface or its content providers and as between Typeface and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to Typeface. No reproduction of any part is allowed without written permission.
6. Company Imprint
Unless otherwise specifically requested in writing any work may carry the Typeface imprint which will be positioned at Typeface’s discretion. This will be made clear on any proof, prior to approval.
7. Delivery & Payment
Delivery of work by Typeface shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where Typeface is obliged to deliver the work) actual delivery of the work to the customer by Typeface. Where the customer is obliged to collect the work, customer's failure to collect the work on the day on which Typeface is contractually obliged to have it ready for collection shall be classed as a Customer Delay. Where Typeface is obliged to deliver the work to the customer but the customer provides Typeface with incomplete or incorrect delivery information or is not available to accept delivery, then provided that the Typeface has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a Customer Delay.
Unless otherwise specified the price quoted is for collection of the work from the Typeface. 149 Bathurst Street, Hobart Tasmania. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed Typeface shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more Typeface shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage. Risk of, loss of, or damage to work completed by Typeface shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by Typeface until Typeface has received payment in full in respect of the work. Stock levels listed on this site are for illustrative purposes only and are subject to change. Stock is not reserved until artwork is approved and acceptance of your order is subject to confirmation by us. In the unlikely event that Typeface deems it necessary to re-print work, the Guaranteed Period shall recommence from the time of Typeface’s confirmation to the customer of its agreement to reprint the work.
8. Variations In Quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that Typeface shall have no liability in respect of such variations. For other variations Typeface’s entire liability will be to award a Credit. The Customer's sole remedy in respect of shortages above these quantities ("Additional Shortages") will be a re-print of the entire shortage quantity of the relevant work, to be undertaken by Typeface within a reasonable period of time. The Customer shall not be entitled to a Credit in respect of an Additional Shortage.
9. Claims
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Typeface and the carrier within three clear days of delivery (or, in the case of non-delivery within 28 days of despatch of the goods) and any claim in respect thereof must be made in writing to Typeface and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to Typeface within 28 days of delivery. Typeface shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
10. Liability
Typeface gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer's order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Typeface shall not be liable for any loss arising from delay in transit not caused by Typeface. Further, Typeface shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of Typeface in respect of any and all causes of action arising out of or in connection with the customer's order and Typeface’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to Typeface by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
11. Standing Material
Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of Typeface. Such items when supplied by the customer shall remain the customer's property.
12. Customer's Property
The customer's property and all property supplied to Typeface by or on behalf of the customer shall while it is in the possession of Typeface or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure such property accordingly. Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, Flyerzone shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
13. Materials Supplied by the Customer
Typeface may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Typeface in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
Typeface shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
Typeface shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage ("an Insufficient Supply") then Typeface shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such Insufficient Supply.
14. Credit Terms and Payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), Typeface reserves the right to charge interest on the overdue debt at 2% above the HSBC base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
15. Insolvency
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, Typeface without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to Typeface, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in Typeface’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as Typeface thinks fit and to apply the proceeds towards such debts.
