BOUNCE BANNERS TERMS & CONDITIONS OF SALE
“Seller” is Bounce Banners. “Buyer” is the person, company or entity purchasing the product(s), service(s) or device(s) by this order.
ACCEPTANCE OF ORDER:
Bounce Banners will accept this order for the product(s), service(s) or device(s) listed on this sales order. By accepting the order, Buyer acknowledges and certifies that they have read the Seller’s Terms and Conditions, understand the content, and the order was executed freely, intelligently, and without duress of any kind.
a. No different, amended or additional terms will be accepted by Seller without written consent of authorized Bounce Banner representative.
b. Seller is not responsible for clerical or typographical errors or omissions made on any of its documents, quotations, website, advertisements, literature and/or relevant material.
c. Preliminary negotiations shall not constitute an Agreement for the sale of goods. All quotes are only valid for the specified time and Seller reserves the right to alter or rescind a quote as necessary.
TAXES and DUTY:
All charges are subject to the federal, state and local taxes at the location of delivery, if any. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith. IF BUYER IS LOCATED IN CALIFORNIA, BUYER IS SUBJECT TO CALIFORNIA SALES TAX, BOTH STATE AND LOCAL, ON ALL PURCHASES, UNLESS “SELLER” IS SUPPLIED WITH A VALID AND COMPLETED CALIFORNIA STATE TAX EXEMPTION FORM OR RESALE CERITIFICATE.
PAYMENT:
In addition to the terms described above, payment shall be made on all Seller’s products as follows:
a. Bounce Banners requires full payment at the time of the order, unless otherwise agreed to in writing by Seller.
b. All funds for payment shall be 100% in U.S. dollars in the form of credit or debit card transaction, wire transfer, bank transfer, or via PayPal. Seller will not accept any personal checks. All payments must be cleared by Seller’s financial institutions before considered paid.
c. Payments must be received by Seller no later than 5 calendar days from invoice date; otherwise, the order will not be processed and will be automatically cancelled without further notice.
d. Custom Orders:
e. All payments are payable to Bounce Banners.
f. Once the agreed upon payment is received, whether it is payment in full or an initial payment, order will be placed on the production schedule. Production, on average, can take 7-10 business days. Orders containing custom artwork can add about 3-5 business days to the production time. However, Seller reserves the right to adjust the production time as necessary due to the number of orders or unforeseen circumstances, such as supply shortages. Production times will always be communicated to the Buyer by the Seller either when orders are placed, and/or if any changes occur.
SHIPPING & HANDLING:
ADDITIONAL CHARGES MAY APPLY FOR SHIPPING TO ALASKA, HAWAII, ANY OFF SHORE U.S. TERRITORIES AND OTHER COUNTRIES.
a. THE SHIP DATE IS APPROXIMATELY 48 HOURS AFTER BOTH THE FINALIZATION OF PRODUCTION AND/OR WHEN SELLER RECEIVES FINAL PAYMENT. IT IS NOT A PROMISED DATE. All production and ship dates are estimated based on the time it takes to fulfill the order.
b. Most Bounce Banners product(s) and device(s) are made to order. Please allow the average production time of about 7-10 business days on most orders; with about 3-5 business days added for orders containing custom artwork. Production time and shipping time is a general reference guide only, the actual ship and/or delivery date is subject to daily productions capability and shipping carrier’s performance. Any adjustments to the standard production schedule, such as supply shortages, Covid-19 delays, backorders, etc, will be posted on the Seller’s website for online orders and/or communicated with the Buyer at the time of the order.
c. In the event where initial payment, final payment, or Buyer-supplied material(s) or information is delayed, completion of the order may also be postponed accordingly.
d. Seller may use the services of UPS, Fed Ex, USPS and any other unrelated common carries to handle the delivery of Buyer’s Product(s), Service(s) or Device(s).
e. Unless a carrier is specified by the Buyer in a timely manner, Seller will use the best method and carrier, at its discretion, to get the order shipped and delivered to the Buyer.
f. Whenever possible, Seller will pass on the discounts afforded to them for the benefit of the Buyer.
g. If the order is urgent or required by a specific date, Buyer is to notify Seller in writing (via email or cellular text) and Seller will take necessary steps to ensure the order is sent out within the specified time frame when possible. However, Seller has no control of third-party shipping carriers’ performance.
h. Seller is not responsible for delays in shipping due to unforeseen circumstances, including, but not limited to, weather, union strikes, fires, floods, earthquake, freight embargos, terrorism, mishandling of packages by carrier, and/or acts of government and nature.
i. Once order has shipped, Seller has no control over, nor does Seller guarantee the shipment time, delivery date/time, nor the quality of delivery service by the shipping carrier.
j. DAMAGES CAUSED BY THE SHIPPING CARRIERS ARE NOT THE RESPONSIBILITY OF SELLER. Freight and Ground Carriers policies, for the handling of damaged goods during shipment, must be followed to assure the claims are handled properly in the event that Seller must collect back damaged shipment for repair. This will assure that Seller is reimbursed for any expenses incurred in repair of goods damaged by shipping carrier. Buyer should refuse and relinquish any damaged packages back to the carrier at receipt of delivery if possible, or should document the damage for further claim investigation. IN ADDITION, BUYER IS RESPONSIBLE FOR INSPECTING THE SHIPMENT FOR DAMAGE AND OR ANY LOSS IMMEDIATELY UPON RECEIVING SHIPMENT, AND MUST NOTIFY SELLER AND PROVIDE ANY NEEDED DOCUMENTATION (INCLUDING PHOTOGRAPHS) TO SELLER WITHIN 24 HOURS OF RECEIVING SHIPMENT. Please notify Bounce Banners of any issues and/or claims with carriers in writing to info@bouncebanners.com.
k. Seller must be notified of any claims for damage with shipping carriers within the initial inspection time of two (2) business days after receipt of delivery. Failure of Buyer to give written notice of a claim within this inspection time period shall be deemed to be a waiver of a claim for damaged Product(s) or Device(s), a waiver of the right to reject the goods, and conclusive proof that the Product(s) or Device(s) were received by Buyer without defect.
l. IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! Any returned shipments due to shipping damages must be pre-approved by Seller; if not, Buyer will be responsible for all freight charges.
m. PLEASE NOTE: If Buyer chooses an express or expedited delivery (i.e. 2-day or next-day); all extra costs are the responsibility of the Buyer and the order must be completed and processed by 1:00 pm PST (California) or it will ship the next business day. Express time frames are based on the business day. An order placed on Friday for express service next-day will arrive on Monday, or the next business day after a federal holiday.
n. In the case that Buyer’s Product(s) or Device(s) is not able to be delivered and requires to be held in storage, for the following reasons, but is not limited to, wrong address/contact information provided to Seller or Away from residence/business/terminal and not able to accept delivery, Buyer will have three (3) business days to respond to the respective Carrier(s) or contact Seller to reschedule delivery (some fees may apply). After this time frame has elapsed and no delivery has been scheduled, the Product(s) or Device(s) will be returned to the Seller and NO refund will be issued as outlined in this Agreement. Restocking fees vary and may be applied by Seller.
o. ANY FREE SHIPPING OFFERS ARE ONLY AVAILABLE TO THE CONTINENTAL U.S. AND EXCLUDES ALASKA, HAWAII, ALL OFF-SHORE TERRITORIES AND INTERNATIONAL ORDERS.
ALL SALES ARE FINAL:
Bounce Banners printed Products, Services and Devices are made to order. Bounce Banners may also sell Product(s) and Device(s) from various other manufacturer(s) who all have their own policies regarding returns and therefore does not accept returns on any shipped items. As such, ALL SALES ARE FINAL. BOUNCE BANNERS DOES NOT OFFER ANY REFUNDS NOR RETURNS.
a. Seller warrants that all Bounce Banners Product(s), Service(s) and Device(s) are free from:
b. In cases of defects in materials, workmanship or defects arising from the selection of material or processes of manufacture, such defects must become apparent in the product within the initial inspection time period of two (2) days, and Seller and/or original Manufacturer must be informed during the initial inspection time period and Buyer will provide pictures as evidence.
c. Clearance and Special Sale items are sold As-Is, and any defects will be communicated with the Buyer.
d. In the rare case the Buyer’s Product(s) or Device(s) unfortunately arrive damaged or defective, Repair(s) or Replacement(s) (with item free from the defect in question) may be offered by the Seller, at the Seller’s sole discretion and at no charge to the Buyer.
e. Seller is not responsible for any lost revenue as a result of a claim by Buyer.
f. Seller is not responsible for any unapproved Freight or Shipping Cost for defective items returned.
g. WEAR AND TEAR DUE TO NORMAL USE OR OVERUSE, INCLUDING COLOR FADING, WILL NOT BE CONSIDERED AS DEFECTS.
h. Product(s) and Device(s) shall not be considered defective if it is a different color than shown in the Seller catalog or website, nor is any warranty made relating to velcro or frame materials. (PLEASE SEE COLOR MATCHING SECTION)
COLOR MATCHING:
Bounce Banners uses standard industry software for designing and printing purposes and sells Product(s) and Device(s) via a website accessed by internet-connected devices. There are differences in construction and configuration between computer screens and monitors. The fact that there is no true uniformity in standards to which monitors and screens must conform results in a variance in color from monitor to monitor, screen to screen. Further, monitors use light to display images and use a standard known as RGB. Seller produces colors on a variety of machines, none of which can use light. As such, Buyer agrees that Seller does not guarantee exact color matching or that printed colors will appear exactly as they do on the Buyer’s screen or monitor. Slight color variations are possible and will not be considered a production defect, and thus will not be eligible for a Replacement, Return or any type of Refund. Bounce Banners uses the best judgement to match colors, but if you need visually exact matching colors, we suggest ordering a sample product first.
PRODUCT TOLERANCES:
All dimensions and weights in regards to products sold will be stated on the website in product descriptions. These figures are approximate and within industry tolerances. Seller is constantly seeking ways to improve specification; design and production of banners, artwork and all products take place continuously. While every effort is made to produce up-to-date descriptions and information, Seller’s brochure, catalog and website should not be regarded as an exact guide to current specification, nor do the constitute an offer for sale of any particular item. Further, all banners are cut to order and can vary slightly in size. Sizes quoted are to be taken as approximations as it is impossible to define exact sizes on every item.
Materials used can vary from item to item and due to availability at the time of production. Seller, at its discretion, may substitute standard colors and/or materials for similar products if deemed necessary to complete the order on time. Suppliers of vinyl materials used in Seller manufactured products cannot guarantee that each roll or batch of a listed color or weight will be exactly consistent; therefore, Seller cannot guarantee exact color and weight consistency in vinyl used in Product(s) and Device(s). Seller, at its discretion, may change or alter a design for any Seller manufactured product, without notice to Buyer, if there is discovered to be an issue of safety or structural integrity.
PRODUCT VARIATIONS & MODIFICATIONS:
In the event where Buyer requests any changes in design, manufacturing, order quantity, delivery terms, custom artwork, other customization, and/or other matters, prices are subject to reflect those variations. All variations must be disclosed at the time of order placement by Buyer in writing to Seller and are subject to approval by an authorized representative of Bounce Banners.
DESIGN PROOFING:
Seller will not proofread any design made by the Buyer. Please double check all your submitted design and customization requests before submitting the order. Seller cannot be held responsible for any mistakes in design made by the Buyer.
Bounce Banners will print the file or customization as is submitted by the Buyer. In the case where a proof is requested, Seller will produce the last proof approved by the Buyer. Any changes to the proof have to be done before approval of the proof.
SAFETY SIGNS DISCLAIMER:
Buyer is solely responsible for the following with respect to any printed safety signage materials:
a. Identifying the appropriate precautions, including signage materials, symbols, language and designs necessary to comply with any applicable local, state, or federal laws or regulations, including ANSI and/or OSHA standards.
b. Adequately warning invitees, employees, and the public of any hazards.
c. Acknowledges in some cases a sign may not provide an adequate safety precaution.
Bounce Banners is not a safety expert and disclaims any and all liability that the template designs offered on Bounce Banners website are sufficient to cover any specific hazard. Seller does not have responsibility to notify customers about changes in the law after sale. Buyer shall hold Seller and its subsidiaries, employees, and any and all of its associates harmless from all claims, loss or expense (including attorney’s fees) related to the purchase and use by customer for any sign purchased through Seller.
DISCLAIMER & EXCLUSIONS:
Seller will not be liable whatsoever to any Buyer or to any other person for any consequential, incidental, indirect, punitive or special damages; including damages related to lost profits, lost data or loss of goodwill arising out of, relating to, or connected with the use of the website or any service or products based on any cause of action, even if advised of the possibility of such damages, the content contained on the site, or any delay or failure in performance beyond control of the Seller. Furthermore, Seller disclaims any responsibility injury to person or damage to or loss of property or value caused by any product which has been subjected to misuse, negligence, or accident; or misapplied, or modified or repaired by unauthorized persons, or improperly installed, operated or maintained.
Bounce Banners provides a website service (bouncebanners.com) on an ‘as is’ and ‘as available’ basis. Seller does not represent nor warrant that site will be uninterrupted, will be free of errors and inaccuracies, will be reliable, warranties of fitness for a particular purpose, merchantability, and non-infringement.
COPYRIGHTS & TRADEMARKS:
All logos, product names, trademarks, artwork, literature, photographs, images, graphics, organizations, digital conversions and designs used for the purpose of either selling Seller products or creating Seller products, including Seller original manufactured and designed products, are proprietary, and Seller has the sole rights and license for use of these items. Any unauthorized reproduction of any of these items constitutes a copyright infringement and is punishable by law. Copying, downloading, or redistribution of any such matters or any part of our website, is strictly prohibited.
Buyer will retain ownership of the content that is used, referred, or uploaded by Buyer to the Seller. While using any outside content, Buyer grants following licenses to Bounce Banners: the non-exclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute design in or on products and in advertising, marketing, samples and promotional materials for Bounce Banners, and the right to make modifications to the Buyer’s design.
Buyer may remove the design, graphics, or file designed or uploaded by the Buyer, at any time during the usage of the website. After the content designed by the Buyer is transferred to the Seller, if the Buyer chooses to remove that content, please notify Bounce Banners in writing. Any orders that have been derived from that content will be fulfilled prior to the written notification of termination.
If the Buyer or any other person believes that their work has been copies in a way that constitutes copyright infringement, please provide our copyright agent (info@bouncebanners.com) the following information:
a. Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
b. Details on the material that is claimed as infringed.
c. Contract information.
d. Our agent will quickly act on any such notice received.
CANCELLATION:
Buyer may cancel an order in part or in whole, upon written notice to Seller within 48 hours from the Date of Order. Seller, at its discretion, has the right to withhold initial payment(s) made by Buyer, and/or any cancellation charges resulting from the cancellation incurred by the Seller, to use as remedy for production readjustment and associated costs, including but not limited to applicable credit card fees. Orders canceled after 48 hours form the Date of Order may be subject to, at the Seller’s discretion, forfeiture of any portion of the amount paid by Buyer if: production has started, materials have been ordered, or product has been reserved causing Seller a loss of potential business. Cancellation requests will NOT be accepted on items that have shipped or been prepared for shipment, nor any custom items that for which production has started. A refusal of the item at delivery will not be considered a return and credit will NOT be issued back to Buyer’s original payment method.
GOVERNING LAW, JURISDICTION AND VENUE:
In the event of litigation or any dispute between parties concerning the order or any Product(s) or Device(s) shipped to Buyer hereunder, such action or dispute and these terms shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. The Buyer agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding these terms and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.
LIMITATION OF LIABILITY:
Limitation of liability, except for a breach of a party’s representations and warranties under these Terms and Conditions (TOC) or in connection with your indemnity obligations under these TOC, in o event will the liability of Bounce Banners exceed the value of the products ordered or services rendered. The value of the products or services are limited to the stated value on the Seller website or the amount charged to the Buyer.
INDEMNIFICATION & USE POLICY:
Buyer (person, company or entity buying the Product(s), Service(s) or Device(s)) is solely responsible for all the manner of use of the Product(s) purchased from Bounce Banners and its third-party manufacturers. Buyer must indemnify and hold Bounce Banners and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses (including without limitation reasonable attorney’s fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought against any of the parties alleging that Buyer has breached any of these TOC through any act of omission, including but not limited to any claim that your content infringes or violates the rights of any other party. Buyer is solely responsible for all warnings, signs and labels to consumers or other users of equipment, and for any and all other acts necessary, including user warnings and limitations, to ensure the safety of the users. Buyer acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their product or device. Buyer agrees to operate their product or device according to the recommendation instructions established by the state in which it operates. Buyer agrees to operate their product or device according to all state and local government requirements. Buyer agrees to train any person(s) operating the product of device in safe operation of the product of device, including safe handling of emergency situations. Buyer shall use proper stakes, tie-downs, weights and other applicable devices necessary to ensure the safety of users and the general public according to each state in which it will operate. Buyer agrees to indemnify, defend and hold harmless Bounce Banners, all affiliates and its manufacturers from actions and claims of third parties, including customers of the Buyer and users of the goods and products sold to the Buyer, arising out of or in connecting with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event that Bounce Banners or its list of manufacturers are required to commence an action to enforce this provision, Buyer shall pay all of Seller’s and manufacturer’s legal costs and expenses. If you have to indemnify Bounce Banners under this section, Seller will have the right to control the defense, settlement, and resolution of any Claim and your sole expense. Buyer may not settle or otherwise resolve any Claim without Bounce Banners express written permission.
TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER AGREES TO INDEMNIFY, DEFEND, PROTECT, RELEASE AND HOLD HARMLESS SELLER AND ITS RESPECTIVE PARENT AND AFFILIATE COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES AND INSURERS (COLLECTIVELY “INDEMNITEE”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITIES OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY’S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR LOSS OR DAMAGE TO ANY PROPERTY (INCLUDING WITHOUT LIMITATION, CLAIMS FOR POLLUTION AND ENVIRONMENTAL DAMAGE), AND ANY CIVIL OR CRIMINAL FINES OR PENALTIES, ARISING IN FAVOR OF ANY THIRD PARTY OR GOVERNMENTAL AGENCY OR ENTITY, OR ANY INDEMNITEE AND THEIR EMPLOYEES’ REPRESENTATIVES AND BENEFICIARIES, IN CONNECTION WITH OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF THIS AGREEMENT OR THE GOODS AND SERVICES PROVIDED HEREUNDER (COLLECTIVELY “LIABILITIES”). IT IS THE INTENTION OF SELLER AND BUYER THAT SUCH INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LIABILITIES ARISE IN WHOLE OR IN PART FROM THE ACTUAL OR ALLEGED COMPARATIVE, CONCURRENT, ACTIVE, PASSIVE, OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEE. THIS INDEMNITY INCLUDES BUYER’S AGREEMENT TO PAY ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, INCURRED BY ANY INDEMNITEE. THIS INDEMNITY SHALL APPLY, WITHOUT LIMITATION, TO ANY LIABILITIES IMPOSED ON ANY PARTY INDEMNIFIED HEREUNDER AS A RESULT OF ANY STATUTE, RULE, REGULATION OR THEORY OF STRICT LIABILITY INCLUDING, BUT NOT LIMITED TO, STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY. THE OBLIGATION OF INDEMNIFICATION HEREUNDER SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (I) LIENS BY THIRD PERSONS AGAINST ANY INDEMNITEE AND THEIR PROPERTY, BECAUSE OF LABOR, SERVICES, MATERIALS, OR ANY OTHER TYPE OF LIEN, FURNISHED TO BUYER, ITS ASSIGNEES, CONTRACTORS OR SUBCONTRACTORS, IN CONNECTION WITH THE GOODS SUPPLIED BY SELLER, (II) EXPENSES, CLAIMS, FINES, AND PENALTIES OR OTHER ENFORCEMENT CHARGES, RESULTING FROM THE FAILURE OF BUYER TO ABIDE BY ANY AND ALL VALID AND APPLICABLE LAWS, RULES OR REGULATIONS OF ANY GOVERNMENTAL OR REGULATORY AUTHORITY WITH JURISDICTION. IT IS UNDERSTOOD AND AGREED BY BUYER THAT IN THE EVENT ANY INDEMNITY IS MADE A DEFENDANT IN ANY SUIT, ACTION OR INDEMNIFIED PURSUANT TO THIS AGREEMENT, AND BUYER FAILS OR REFUSES TO ASSUME THE DEFENSE THEREOF, THAT INDEMNITY MAY PROCEEDING FOR WHICH AN INDEMNITY IS COMPROMISE AND SETTLE OR DEFEND ANY SUCH CLAIM, AND BUYER SHALL BE BOUND AND OBLIGATED TO REIMBURSE INDEMNITY FOR THE AMOUNT EXPENDED BY INDEMNITY IN SETTLING AND COMPROMISING ANY SUCH CLAIM, OR FOR THE AMOUNT EXPENDED BY INDEMNITY IN PAYING ANY JUDGMENT RENDERED THEREIN, TOGETHER WITH ALL REASONABLE ATTORNEYS’ FEES INCURRED BY INDEMNITY FOR DEFENSE OR SETTLEMENT OF SUCH CLAIM. ANY JUDGMENT RENDERED AGAINST INDEMNITY OR AMOUNT EXPENDED BY INDEMNITY IN COMPROMISING OR SETTLING SUCH CLAIM SHALL BE CONCLUSIVE AS DETERMINING THE AMOUNT FOR WHICH BUYER IS LIABLE TO REIMBURSE SUCH INDEMNITEE HEREUNDER. ALL REPRESENTATIONS, WARRANTIES, INDEMNITIES AND OTHER UNDERTAKINGS OF BUYER AND ALL CLAIMS, RIGHTS AND REMEDIES OF SELLER SHALL SURVIVE DELIVERY, PERFORMANCE INSPECTION, TESTING, ACCEPTANCE, USE AND PAYMENT.
It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under this Agreement, such legal limitations are made a part of the indemnification obligations and shall operate to amend the indemnification obligations to the minimum extent necessary to bring the provisions into conformity with the requirements of such limitations, and as so modified, the indemnification obligations shall continue in full force and effect. Buyer agrees to pay all of Seller’s costs, including attorney’s fees, incurred in enforcing this agreement.
These Bounce Banners TERMS AND CONDITIONS OF SALE will survive beyond the date of this signed document or the date that customer clicks that they agree on the website, and apply to all existing and future products sold by BounceBanners.com (“Seller”) to Buyer.
This document Copyrighted 2022, supersedes any existing document both written and published by “Seller” in any sales literature, mailings or website.
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