Daktronics warranty & limitation of liability – Daktronics Sportsound Rack SSR-200 Operation Manual User Manual

Page 41

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DAKTRONICS WARRANTY & LIMITATION OF LIABILITY

This Warranty and Limitation of Liability (the “Warranty”) sets forth the warranty provided by Daktronics with respect to the Equipment. By accepting delivery of the

Equipment, Purchaser agrees to be bound by and accept these terms and conditions. Unless otherwise defined herein, all terms within the Warranty shall have the

same meaning and definition as provided elsewhere in the Agreement.

DAKTRONICS WILL ONLY BE OBLIGATED TO HONOR THE WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS UPON RECEIPT OF FULL PAYMENT FOR THE

EQUIPMENT.

1.

Warranty Coverage

A. Daktronics warrants to the original end-user that the Equipment will be free from Defects (as defined below) in materials and

workmanship for a period of one (1) year (the “Warranty Period”). The Warranty Period shall commence on the earlier of: (i) four weeks from the date

that the Equipment leaves Daktronics’ facility; or (ii) Substantial Completion as defined herein. The Warranty Period shall expire on the first anniversary

of the commencement date.

“Substantial Completion” means the operational availability of the Equipment to the Purchaser in accordance with the Equipment’s specifications,

without regard to punch-list items, or other non-substantial items which do not affect the operation of the Equipment.

B. Daktronics’ obligation under this Warranty is limited to, at Daktronics’ option, replacing or repairing, any Equipment or part thereof that is found by

Daktronics not to conform to the Equipment’s specifications. Unless otherwise directed by Daktronics, any defective part or component shall be

returned to Daktronics for repair or replacement. This Warranty does not include on-site labor charges to remove or install these components.

Daktronics may, at its option, provide on-site warranty service. Daktronics shall have a reasonable period of time to make such replacements or repairs

and all labor associated therewith shall be performed during regular working hours. Regular working hours are Monday through Friday between 8:00

a.m. and 5:00 p.m. at the location where labor is performed, excluding any holidays observed by either Purchaser or Daktronics.

C. Daktronics shall pay ground transportation charges for the return of any defective component of the Equipment. All such items shall be shipped by

Purchaser DDP Daktronics; designated facility. If returned Equipment is repaired or replaced under the terms of this warranty, Daktronics will prepay

ground transportation charges back to Purchaser and shall ship such items DDP Purchaser’s designated facility; otherwise, Purchaser shall pay

transportation charges to return the Equipment back to the Purchaser and such Equipment shall be shipped Ex Works Daktronics designated facility. All

returns must be pre-approved by Daktronics before shipment. Daktronics shall not be obligated to pay freight for any unapproved return. Purchaser

shall pay any upgraded or expedited transportation charges.

D. Any replacement parts or Equipment will be new or serviceably used, comparable in function and performance to the original part or Equipment, and

warranted for the remainder of the Warranty Period. Purchasing additional parts or Equipment from the Seller does not extend the Warranty Period.

E. Defects shall be defined as follows. With regard to the Equipment (excepting LEDs), a “Defect” shall refer to a material variance from the design

specifications that prohibit the Equipment from operating for its intended use. With respect to LEDs, “Defects” are defined as LED pixels that cease to

emit light. The limited warranty provided by Daktronics does not impose any duty or liability upon Daktronics for partial LED pixel degradation nor does

the limited warranty provide for the replacement or installation of communication methods including but not limited to, wire, fiber optic cable, conduit,

trenching, or for the purpose of overcoming local site interference radio equipment substitutions.

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAKTRONICS DISCLAIMS

ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES APPLICABLE TO THE EQUIPMENT AND REPLACES ALL OTHER WARRANTIES OR

CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, ACCURACTY OR QUALITY OF DATA. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR

EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

THIS LIMITED WARRANTY IS NOT TRANSFERABLE.

2.

Exclusion from Warranty Coverage

The limited warranty provided by Daktronics does not impose any duty or liability upon Daktronics for:

A. Any damage occurring, at any time, during shipment of Equipment unless otherwise provided for in the Agreement. When returning Equipment to

Daktronics for repair or replacement, Purchaser assumes all risk of loss or damage, and agrees to use any shipping containers that might be provided by

Daktronics and to ship the Equipment in the manner prescribed by Daktronics;

B. Any damage caused by the improper installation, adjustment, repair or service of the Equipment by anyone other than personnel of Daktronics or its

authorized repair agents;

C. Damage caused by the failure to provide a continuously suitable environment, including, but not limited to: (i) neglect or misuse, (ii) a failure or

sudden surge of electrical power, (iii) improper air conditioning, humidity control, or other environmental conditions outside of the Equipment’s

technical specifications such as extreme temperatures, corrosives and metallic pollutants, or (iv) any other cause other than ordinary use;


D. Damage caused by fire, flood, earthquake, water, wind, lightning or other natural disaster, strike, inability to obtain materials or utilities, war,

terrorism, civil disturbance or any other cause beyond Daktronics’ reasonable control;

Copyright © Daktronics, Inc. SL-02374 Rev 12 27Jun14 Page 1 of 2

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