BEV CAN PRINTERS, LLC TERMS AND CONDITIONS


  1. DEFINITIONS. For purposes of these Terms and Conditions (“Terms”), “Bev Can” means Bev Can Printers, LLC. “Product” means any product offered for sale by Bev Can to Customer. “Customer” means any person or entity purchasing Products from Bev Can.
  2. ORDER AND ACCEPTANCE. These Terms govern all orders of Products by Customer, as well as Bev Can’s provision of Products to Customer. The parties expressly incorporate these Terms into each and every order by Customer for Products from Bev Can, and these Terms control over any additional or different terms contained in any purchase order or any other document from Customer other than order quantity and delivery date; Bev Can expressly objects to any such different or additional terms. By signing below or by ordering Products, Customer agrees to be bound by these Terms. Bev Can’s acceptance of any order for Products is expressly made conditional on Customer’s assent to these Terms.
  3. GRAPHICS. Bev Can is not responsible for label graphics, for testing QR codes provided by Customer for any label graphics, or for insuring that any label graphics comply with applicable governmental laws and regulations. A label graphic layout, ensuring the functionality of QR codes, and graphic compliance with applicable governmental laws and regulations are Customer’s responsibility. Approval of a label graphic constitutes Customer’s representation and warranty that the label has been approved by the Alcohol Tax and Trade Bureau. Customer agrees that Customer will not use a Product to sell, market, or provide any alcoholic beverage without Customer following all applicable governmental laws and regulations and having obtained all applicable governmental licenses and approvals.
  4. CUSTOMER INPUT MATERIALS. Customer will provide artwork for the Products using the graphic design template and file format on the Bev Can website: www.BevCanPrinters.com . All Products will be printed from files provided by Customer. Customer agrees to pay Bev Can quoted rates for proofs. Any input materials Customer provides Bev Can will become the property of Bev Can (although Customer’s intellectual property will continue to be owned by Customer).
  5. COLOR PROOFING. Due to differences in equipment, cans, inks, and other conditions between color proofing and production operations, a reasonable variation in color between proofs and completed Products is to be expected, and Products containing such reasonable variations shall be deemed conforming. Due to the variations in quality and colors that can be displayed on monitors and other digital viewing equipment, Bev Can makes no representation or promise that any digital proof viewed on such screens or equipment will be color accurate.
  6. OVER RUNS/UNDER RUNS. Unless otherwise agreed in job specifications, over-runs and under-runs of up to 5% percent of the quantity ordered will be considered conforming and Customer will not be entitled to object to or reject any shipment from Bev Can for such reason. Over-runs or under-runs will be billed or credited at the applicable cost per piece.
  7. PICK-UP/RISK OF LOSS. Unless otherwise agreed to in a writing signed by an authorized representative of Bev Can, the price quoted is for a single shipment, without storage, F.O.B. Bev Can’s dock. Risk of loss passes upon Customer or Customer’s agent picking up the Products at Bev Can’s dock. Title passes to Customer upon Customer’s payment for the Products. Bev Can packages pallets with strapping, corner boards and stretch wrap for best possible protection. Bev Can will not be liable for any delays, loss, or damage in transit. Customer agrees to pay Bev Can a storage fee of $100.00 per month per pallet for any products not picked up within fifteen (15) days. Customer understands that the cans are very light and can damage easily, and Customer expects that some pallets might have some damaged cans on the corners of the skids. Customer also understands that the Products are temperature-sensitive and can be damaged by excessive exposure to hot or cold temperatures. Bev Can is not responsible for any damage to the Products caused by exposure to hot or cold temperatures after the Products leave Bev Can’s dock.
  8. DUNNAGE RETURN POLICY. Bev Can requires dunnage to be returned in good condition and clean of any beer or debris. Customers that pick up their orders on our dock must return dunnage to our dock. Dunnage must be prepared for return (a) pallets on bottom (b) tier sheets in the middle (c) top frames on top and all strapped together. PROOF CAN AND PRODUCTION SCHEDULES. All proof and production scheduling is tentative pending (a) Bev Can’s receipt of Customer’s approved and final proofs, and (b) Bev Can’s receipt of the Artwork Acceptance Form, and (c) Bev Can’s receipt of the Purchase Form and (d) payment of all required invoices.
  9. PAYMENT. Customer must pay the amount shown on invoices emailed by Bev Can, using the invoice link, before Bev Can will process any order for Proofs, Products or Shipping. Pricing includes can and label design printed directly on the can. Shipping charges and can ends/lids are not included in per can price. Bev Can prices do not include federal, state or local taxes. Customer is responsible for paying any applicable excise, import, sales, use or similar tax, whether federal, state, provincial or local, and any transportation and other charge.
  10. COPYRIGHT/TRADEMARK. It is Customer’s responsibility to ensure, and Customer represents and warrants to Bev Can, that all materials supplied by Customer for reproduction (a) do not infringe or violate any copyright, trademark, or any other intellectual property or ownership right or interest; and (b) do not contain anything that is defamatory or scandalous or that threatens the right to privacy or other personal or economic rights. Bev Can reserves the right to refuse to engage in the preparation and manufacture of Products it deems illegal, defamatory, scandalous, improper, or in violation of any law or regulation.
  11. INTELLECTUAL PROPERTY. Customer grants Bev Can a nonexclusive, paid-up worldwide license (including the right to sublicense) to copy, distribute, create derivative works based upon, publicly display, publicly perform, reproduce, promote, resize, rearrange, modify, and otherwise use any intellectual property in the materials provided by Customer to Bev Can to incorporate in the Products (“Customer IP”) in any media or service, in whatever format, now or in the future, provided that such use is in furtherance of Bev Can’s preparation of Products for Customer (including but not limited to, using Customer’s artwork to prepare Products.) In addition, Bev Can will have the right, revocable by Customer on written notice to Bev Can, to use Customer’s IP in materials promoting Bev Can’s services or products.
  12. WARRANTY. Bev Can warrants that only completed Products (excluding any portion of the Products consisting of Third Party Products as defined below), at the time of delivery, materially CONFORM TO THE PROOF with reasonable variation in color as described in Paragraph 5. Customer agrees that no other affirmation of fact, promise, description, sample or model of any kind has become part of the basis of the bargain between Customer and Bev Can. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, SHALL APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND BEV CAN EXPRESSLY DISCLAIMS ANY SUCH IMPLIED WARRANTIES. Products manufactured by a third party (collectively “Third Party Products”), including, but not limited to, beverage cans, and beverages contained in the cans may be incorporated into or with Products sold by Bev Can. Third Party Products are not covered by the warranty in this Paragraph. For the avoidance of doubt, BEV CAN MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY: (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE: (c) WARRANTY OF TITLE: OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY: IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
  13. REMEDY/LIMITATION OF LIABILITY. Customer’s remedy under the warranty obligations of these Terms will be limited to replacing the nonconforming Products or, at Bev Can’s sole discretion, a refund of the amount, or a portion of the amount, of the invoice price attributable to the nonconforming Products. IN NO EVENT SHALL BEV CAN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL BEVCAN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID TO BEV CAN FOR THE PRODUCTS SOLD TO CUSTOMER UNDER THE APPLICABLE ORDER. The foregoing limitations on liability apply to the fullest extent not prohibited by law.
  14. NOTICE. As a condition precedent to Bev Can performing its warranty obligations under these Terms, Customer must promptly, and in no event any later than thirty (30) days after tender of delivery, give written notice of the defect to Bev Can or be barred from any remedy. Any suit by Customer against Bev Can must be brought within one (1) year after Customer’s cause of action accrues.
  15. CANNING. Customer understands that, if the Products are used in connection with canning alcoholic or other beverages, Bev Can has no responsibility for the canning process. Customer or any third-party canner utilized by Customer has sole responsibility for the canning process.
  16. INDEMNIFICATION. Customer agrees to defend, indemnify, and hold harmless Bev Can and its officers, directors, employees, agents, affiliates, successors and permitted assigns from and against any and all damages, losses, liabilities, interest, awards, penalties, fines, claims, costs, expenses, awards, causes of action, lawsuits, and injuries of any kind or nature whatsoever (including costs and reasonable attorney’s fees) caused by, resulting from, arising out of, or occurring in connection with, Customer’s breach of these Terms or Customer’s acts or omissions relating to the Products, including but not limited to Customer’s use of any Product in connection with the canning, sale, or provision of alcoholic or other beverages.
  17. FORCE MAJEURE. Bev Can will in all cases be excused from performance to the extent that Bev Can’s failure to perform or delay in performing is caused or results from acts beyond Bev Can’s reasonable control, including but not limited to (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of Customer’s order; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.
  18. CANCELLATION. All sales are final. Customer may not cancel the order, in whole or in part, after PO and payment has been received.
  19. TERMINATION. In addition to any remedies that may be provided under these Terms, Bev Can may terminate any order with immediate effect upon written notice to Customer if Customer (i) fails to pay any amount when due and such failure continues for ten (10) days after Bev Can sends Customer written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
  20. COSTS OF COLLECTION. Customer will pay Bev Can’s actual costs of collection, including but not limited to court costs, litigation expenses, and reasonable attorney’s fees and costs, incurred in connection with collection of any delinquent amounts owed by Customer to Bev Can.
  21. ENTIRE AGREEMENT. Except as otherwise agreed in writing, these Terms (along with the order quantity, Bev Can’s prices in effect at time of order, and the delivery date) constitute the entire agreement between Bev Can and Customer, superseding all prior agreements, proposals, and understandings, whether oral or written. No stipulations, representations or agreements by Bev Can, or its officers, agents, or employees shall be binding upon Bev Can unless reduced to writing and signed by an authorized representative of Bev Can. No trade custom or usage may alter or vary the terms set forth herein.
  22. ASSIGNMENT. Customer will not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Bev Can. Any purported assignment or delegation in violation of this Paragraph is null and void. No assignment or delegation relieves Customer of any of its obligations under these Terms.
  23. RELATIONSHIP OF THE PARTIES. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  24. RELATIONSHIP TO MOBILE CANNING COMPANIES. Customer understands that the relationship between Bev Can and any mobile canning company is that of independent contractors. Neither Bev Can nor any mobile canning company shall have the authority to contract for or bind the other party in any manner whatsoever.
  25. NO THIRD-PARTY BENEFICIARIES. These Terms are for the sole benefit of Bev Can and Customer and their respective successors and permitted assigns and nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit of remedy of any nature whatsoever under or by reason of these Terms.
  26. NO WAIVER. No waiver by Bev Can of any of the provisions in these Terms is effective unless explicitly set forth in writing and signed by an authorized representative of Bev Can. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver of any such right, remedy, power, or privilege. No single or partial exercise or waiver of any right, remedy, power, or privilege hereunder, precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  27. GOVERNING LAW/FORUM. Any questions, disputes, controversies, or litigation arising either directly or indirectly from any order by Customer or any of these Terms will be governed by the laws of the State of Indiana, and, in the event of litigation between Bev Can and Customer, such litigation may be commenced only in a federal or state court located in LaPorte County, Indiana. Customer consents to personal jurisdiction in LaPorte County, Indiana.
  28. SEVERABILITY. If any provision in these Terms is determined to be invalid under applicable law, such invalidity shall be limited to such provision without invalidating any of the remaining terms and conditions contained in these Terms.
  29. SURVIVAL. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of any order, including but not limited to, the following provisions: governing law/forum, labeling, copyright/trademark.
Customer agrees to be bound by the Bev Can Terms and Conditions.
FIRST PRODUCTION DIGITAL BEVERAGE CAN PRINTER