Warranty

Last Updated: October 29, 2018

Your Backdrop Paint is covered by a Limited Lifetime Warranty, subject to the terms and conditions set forth herein. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state.

This limited warranty extends to any paint products or primer manufactured by Backdrop Inc. (“Backdrop”) and purchased directly from Backdrop (the “Paint”).

Who this Limited Lifetime Warranty for Paint Extends To

This limited warranty extends to the original purchaser of any Paint. The “Original Purchaser,” for the purposes of this warranty, is the first purchaser of the Paint from Backdrop who owns or rents their home and who applies (or who has a painting contractor apply) the Paint to their home. All references to “you” or “your” herein refer only to original purchasers. Backdrop limited warranties are not transferable. All Backdrop warranties are valid only for the period of time the original purchaser of the Paint owns or rents their home. A copy of your purchase receipt is required to determine warranty applicability.

Backdrop’s Limited Lifetime Warranty for Paint and Responsibilities

Backdrop warrants the Paint in its original packaging sold to the Original Purchaser against Paint Defects (as defined in Section C below), so long as the Paint is used normally in accordance with instructions on the label and the product Technical Data Sheets available at www.backdrophome.com.

What this Limited Lifetime Warranty for Paint Covers

THIS LIMITED LIFETIME WARRANTY APPLIES SOLELY TO THE FOLLOWING DEFECTS: Cracking, chipping, blistering, or peeling from properly prepared surfaces; and wearing down to expose the underlying surface of properly prepared surfaces (collectively, the “Paint Defects”).

What this Limited Lifetime Warranty for Paint Excludes

THIS LIMITED LIFETIME WARRANTY DOES NOT COVER: Normal color fading, gloss loss, or chalking caused by exposure to sunlight, wind, or water; Abrasion or burnishing due to scrubbing, traffic, or other wear and tear; Cracking, chipping, blistering, or peeling caused by structural expansion and contraction, settling, or other movement of building components, by excessive heat exposure, or by water intrusion; Film degradation or discoloration due to mold or mildew; or

Damages resulting from improper surface preparation or coating application, extraordinary or catastrophic events, or failure to perform recommended maintenance. Recommended maintenance of painted surfaces includes frequent periodic inspection (at least once every six months), cleaning to remove dirt on exterior surfaces, and touch-up or repair as needed in order to maintain the integrity of painted surfaces over time.

Your Sole and Exclusive Remedy and Backdrop’s Sole and Exclusive Liability

In the event of a verified Paint Defect, Backdrop’s sole and exclusive liability is to you in accordance with the terms hereof, and your sole and exclusive remedy under this limited warranty is, at Backdrop’s option, to provide replacement Paint for the defective Paint or a refund of the purchase price for the defective Paint, provided that you shall not be entitled to any remedy hereunder unless you have fulfilled all of your obligations in Section F, “Your Responsibilities,” set forth below. Any replacement or refund by Backdrop shall constitute a full settlement and release of all claims of the original purchaser for damages or other relief and shall be a complete bar to any litigation filed subsequently to the original purchaser’s acceptance of such remedy.

Your Responsibilities

In the event of a Paint Defect and in order to get the benefit of this limited warranty, (i) you must provide Backdrop with proof of the original date of purchase in the form of a copy of your purchase receipt, and (ii) as expressly set forth in Section B, “Backdrop’s Limited Lifetime Warranty for Paint and Responsibilities,” you must have used the Paint in accordance with the label instructions, including but not limited to: Proper preparation such that walls are clean, dry, and free from any dust, oil, mildew, wax, and other substances, any loose or peeling paint is sanded or scraped, any cracks, holes, or imperfections are repaired, and glossy surfaces are dulled with fine grit sandpaper to ensure proper adhesion;

Sufficient dry time and wait time between coats; and

Use of two coats of paint and use of a multi-purpose primer if you’re painting over a higher gloss finish or a darker color.

Evidence of a Paint Defect and any claims, and proof of your original date of purchase, must be provided to Backdrop at the address included in Section G below (or as otherwise directed by Backdrop), at your sole cost and expense.

Disclaimer

EXCEPT AS SET FORTH ABOVE, THE PAINT AND ANY OTHER PRODUCTS OR SUPPLIES YOU PURCHASE ARE “AS IS,” AND BACKDROP HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION OR WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT.

If you have any questions about this Limited Lifetime Warranty, please contact us at legal@backdrophome.com.