Lighting Credits

Neil Bell of New South Outdoor asks: Are you aware of any standard light credit for lights not working on a static sign?

Here’s the language Insider uses in his ad contracts:

In the event of a loss of illumination, Advertiser shall be entitled to a credit of ten percent (10%) of the applicable 4 week rate, pro-rated for the period of non-illumination.

Here’s a more detailed clause:

Advertiser shall promptly notify Customer if lights illuminating a static Sign are not operating during permitted hours of operations for which  lights are required to view the content of the advertising posted on that Sign.  Customer’s sole and exclusive remedy for such a lighting outage shall be a credit against the charges due hereunder in an amount equivalent to 25% of the charges set forth in the Sales Contract for the period during which the lights did not operate.  In no event shall such a lighting outage constitute a breach of this Contract or provide Customer any other right, claim or remedy under this Contract or at law.

Another approach:

If Company determines that advertising circulation is reduced due to a partial or total loss of illumination, Advertiser/Agency shall receive a credit, in the form of an extended display period or additional advertising space, in an amount Company determines to equal the value of the loss of illumination, but not to exceed twenty percent (20%) of the amount invoiced for the affected Bulletin Display for one flight.  No reduction of illumination requested by Advertiser/Agency shall quality for such credit.  Illuminated bulletins are lit from dusk to midnight.

And a third approach:

Standard illumination shall be dusk to midnight.  In the event a failure of illumination is not repaired within 5 working days of notification by advertiser, a credit of 25% of the price paid for that individual location will be provided to the advertiser for the pro-rated time that illumination was non-functional, at Sign Owner’s option, either by a refund or by an extension of the termination date of this contract.

How do you like to handle lighting credits?  Let Insider know using the form below.

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