P.O. Box 721608
Newport, KY 41072-1608
505 West 9th at Brighton
Newport, KY 41071
1. QUOTATIONS: Prices and deliveries are approximate and subject to change with changes in composition, printing specifications or customer supplied material upon which the original quotation was based. All quotations are subject to review after 30 days. Quotations involving customer's electronic media do not include system time.
2. ORDERS regularly entered cannot be cancelled except upon terms that will compensate against loss. The acceptance of any order is subject to credit approval.
3. EXPERMENTAL WORK performed at customer's request, such as sketches, drawings, composition, plates (including lithographic plates), presswork and materials shall be charged for at current rates.
4. SKETCHES, COPY, DUMMIES and all preparatory work created or furnished by Beacon Printing, Inc., shall remain their exclusive property and no use of same shall be made nor may ideas obtained there from be used, except upon compensation to be determined by Beacon Printing, Inc.
5. PREPARATORY MATERIALS: Artwork, type, plates, (including lithographic plates), engravings, electrotypes, negatives, positives, dies, tapes, disks and all other items when supplied by Beacon Printing, Inc. shall remain their exclusive property, unless otherwise agreed in writing.
6. PROOFS: One proof, when requested, shall be submitted with original copy. Corrections, if any, to be made thereon and the proof is to be returned marked "No corrections necessary, proceed with production" or "Proceed with production after making corrections noted" or "Corrections necessary, revised proof requested" and signed with name or initials of the person duly authorized to approve the proof. No production work will be performed until the final proof is approved by customer. Beacon Printing, Inc. is not responsible for errors if work is printed as approved by customer.
7. PRESS PROOF: Press proofs will not be furnished unless they have been requested at time of quotation. A press sheet can be submitted for the customer approval as long as the customer is present at the press makeready. Any press time lost or alterations or corrections made because of the customer delay will be charged at current rates. Customer will sign and date the approved press sheet thereby authorizing the continuation of production.
8. COLOR PROOFING: Because of the difference in equipment, ink, paper and conditions between color proofing and the pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected and shall constitute an acceptable delivery.
9. ALTERATIONS: Proposals are only for work according to the original specifications. If through customer's error, or change of mind, work has to be done a second time or more, such extra work will carry an additional charge, at current rates for the work preformed.
10. OVER RUNS or under runs, not to exceed 10% of the amount ordered, shall constitute an acceptable delivery to the customer and will be invoiced proportionately. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.
11. DELIVERY: Unless otherwise specified the price quoted is for a single shipment without storage, F.O.B. shipping point. All proposals are based on continuous and uninterrupted delivery of the complete order, unless specifications distinctly state otherwise. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work whichever comes first.
12. DELAYS IN DELIVERY: Beacon Printing, Inc. will make every reasonable effort to keep any delivery promise. However all delivery promises are made contingent upon wars, strikes, fires, floods, accidents or other contingencies beyond the control of Beacon Printing, Inc. Delays in the return or acceptance of any proofs may delay the delivery schedule.
13. CUSTOMERS PROPERTY: Beacon Printing, Inc. will maintain fire and extended coverage on customer property while in our possession. Our liability will not exceed the amount recoverable from the insurance.
14. CUSTOMER FURNISHED MATERIAL: Customer supplied paper must be delivered according to specifications furnished by Beacon Printing, Inc. Artwork, film, color separations, special dies, tapes, disks, or other material furnished by the customer must be useable by Beacon Printing, Inc. without alteration or repair.
15. CLAIMS: Claims for defects, damages or shortages must be made by the customer no later than 10 calendar days after delivery. If no claim is made, Beacon Printing, Inc. and the customer agree that the job has been completely accepted.
16. DISCLAMER OF IMPLIED WARRENTY: Beacon Printing, Inc. warrants only that the work will conform to the description contained in the purchase order. Buyer agrees to limit the liability of Beacon Printing, Inc., whether by negligence, or otherwise, to the replacement of products supplied by Beacon Printing, Inc. Under no circumstances will Beacon Printing, Inc. be liable for specific, individual, or consequential damages.
17. TERMS: Unless otherwise agreed to in writing, a 50% down payment will be required when placing the order with the balance due net cash upon receipt of material. Terms of Net 30 will be extended to clients with approved credit. Any amount not paid when due will bear interest at the maximum prevailing rate stated on the invoice from the due date until paid. If payment is not made when due, client is liable for all collection costs incurred.
18. TAXES: All amounts due for sales taxes will be added to the customers invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer's current "Exemption Certificate" is on file in our office at the time the time of invoicing.
19. COPYRIGHTS: The customer warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law. Absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Beacon Printing, Inc. harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
20. PERSONAL OR ECONOMIC RIGHTS: The customer warrants that the subject matter to be printed does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will at the customer's sole expense, promptly and thoroughly defend Beacon Printing, Inc. in all legal actions on the grounds as long as Beacon Printing, Inc. promptly notifies the customer of the legal action, and gives the customer reasonable time to undertake and conduct a defense.
21. RIGHT OF REFUSAL: Beacon Printing, Inc. reserves the right to refuse to print anything that it deems illegal, libelous, scandalous, improper or infringing upon copyright law.
22. INDEMINFICATION: The customer agrees to protect Beacon Printing, Inc. from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Beacon Printing, Inc. harmless and save, indemnify, and otherwise defend against claims, demands, actions, and proceedings on any grounds. This will apply regardless of responsibility for negligence.
THESE TRADE CUSTOMS HAVE BEEN IN GENERAL USE IN THE PRINTING INDUSTRY THROUGHT THE UNITED STATES OF AMERICA FOR MORE THAT 60 YEARS