Terms & Conditions
This warranty shall be suspended in the event of an act, omission or circumstance occasioned by any cause whatsoever not within the control of BannerGator.com which could not, by reasonable diligence have been avoided and shall include but not be limited to, acts of God, strikes, lockouts, or other industrial disturbances, war, blockades, fires, explosions, breakage or accidents to machinery or equipment, political unrest, riots, insurrections, actions or decrees of governmental bodies, earthquakes, typhoons, hurricanes and floods, other natural disaster and/or other matters not the fault of the affected party. Upon receipt of such notice, all BannerGator.com obligations and the warranty shall be immediately suspended.
Upon receipt of each shipment of digitally printed images, Customer/Purchaser can disapprove the item only by written notice to BannerGator.com within five (5) days after delivery and only with respect to obvious defects and substantial variations from Customer/Purchaser’s approved color match and subsequently
approved BannerGator.com pre-production proof. If Customer/Purchaser disapproves any print, BannerGator.com can either replace the defective material at no additional charge without inspection or, inspect the allegedly defective material. If upon inspection BannerGator.com determines that the digital print
contains obvious defects or substantial variations from the Customer/Purchaser’s approved color match and subsequently approved BannerGator.com pre-production proof, then BannerGator.com will replace the defective or non-conforming print at no additional cost. If BannerGator.com determines that the materials are not defective, and replacement will be at Customer/Purchaser’s sole cost and expense.
In the event of a face failure, described as excessively faded, BannerGator.com will provide a replacement print from the previously approved digital image file, plus reasonable shipping expense from BannerGator.com imaging facility to point of destination based upon the prorating formulas previously presented. BannerGator.com shall have no liability for any direct or consequential expenses or losses. BannerGator.com is not responsible for the expenses associated with the removal of the failed face, preparation of the site to accept new material, and the installation of the replacement image.
The BannerGator.com warranty is voided under the following conditions:
1. Folding and/or creasing BannerGator.com digital prints.
2. Block-out paint or hand painting over original digital image for any reason.
3. Additional coatings or chemicals applied to the original imaged surface.
4. Improper storage of face or exposure to extreme weather conditions (temperatures in excess of 100
degrees Fahrenheit) while not in its intended display location.
5. Display of the face at angles other than 90 degrees to the ground.
6. Unrolling, positioning, and installing the material by installation personnel who place the painted image on
the display location in contact with sharp or abrasive structural elements or tools.
7. Wind damage.
8. Two painted surfaces of digital print should not be left in contact with each other. When handling the face,
keep it spread out flat, or rolled smoothly in its shipping tube.
9. Application of non-BannerGator.com approved self-adhesive snipes over the BannerGator.com digital
10. Adherence with all material manufacture requirements has not been met.
11. Failure to photo-document the damage or failed BannerGator.com digital prints for review by
BannerGator.com’s Research & Development Department.
12. The printed image shall be washed to remove accumulated dust and dirt every 6 months. Clean using a
mild soap solution applied with a soft cloth or sponge. Use of harsh detergents, solvents, and abrasive
cleaning compounds and/or tools will degrade the quality of the painted image. Damage to
BannerGator.com outdoor face(s) caused by water run off, dirt, rust, bird droppings or any other air-borne
particles are not covered by this limited warranty.
FOR THE BREACH OF THE FOREGOING WARRANTY CAN BE ASSERTED BY CUSTOMER/PURCHASER ONLY AND NOT BY ANY FORESEEABLE USER AND UNFORESEEABLE USERS OF THE BANNERGATOR.COM DIGITAL IMAGE, OR ANY OTHER THIRD PARTY. NO OTHER COVENANTS, REPRESENTATIONS OR WARRANTIES TO CUSTOMER/PURCHASER OR ITS ADVERTISER OR VENDEES AS TO THE QUALITY OR DURABILITY OF THE DIGITAL PRINT IS EXPRESSED OR IMPLIED AND ALL SUCH WARRANTIES ARE SPECIFICALLY EXCLUDED INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. BANNERGATOR.COM’S LIABILITY, IF ANY, FOR DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE MATERIAL UNDER ANY LEGAL OR EQUITABLE THEORY, WILL BE LIMITED TO THE REPLACEMENT THEREOF. BANNERGATOR.COM WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE, SALE OR DISTRIBUTION OF THE DIGITAL PRINTS, WHETHER UNDER ANY THEORY OF WARRANTY, OR PRODUCT LIABILITY (EVEN IF BANNERGATOR.COM IS NOTIFIED OF THE POSSIBILITIES OF SUCH DAMAGES.)