Daktronics Pro Series Operations and Maintenance Manual - Manual (Page 101)

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B. Any damage caused by the unauthorized 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 or humidity control, 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;
E. Failure to adjust, repair or replace any item of Equipment if it would be impractical for Daktronics personnel to do so
because of connection of the Equipment by mechanical or electrical means to another device not supplied by Daktronics, or
the existence of general environmental conditions at the site that pose a danger to Daktronics personnel;
F. Any statements made about the product by salesmen, dealers, distributors or agents, unless such statements are in
a written document signed by an officer of Daktronics. Such statements as are not included in a signed writing do not
constitute warranties, shall not be relied upon by Purchaser and are not part of the contract of sale;
G. Any damage arising from the use of Daktronics products in any application other than the commercial and industrial
applications for which they are intended, unless, upon request, such use is specifically approved in writing by Daktronics; or
H. Any performance of preventive maintenance.
3. Limitation of Liability
Daktronics shall be under no obligation to furnish continued service under this Warranty if alterations are made to the
Equipment without the prior written approval of Daktronics.
The use of any non-Daktronics controller or software shall void the Warranty.
It is specifically agreed that the price of the Equipment is based upon the following limitation of liability. In no event
shall Daktronics (including its subsidiaries, affiliates, officers, directors, employees, or agents) be liable for any special,
consequential, incidental or exemplary damages arising out of or in any way connected with the Equipment or otherwise,
including but not limited to damages for lost profits, cost of substitute or replacement equipment, down time, lost data,
injury to property or any damages or sums paid by Purchaser to third parties, even if Daktronics has been advised of the
possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of
contract, tort or statutory duty, principles of indemnity or contribution, or otherwise.
In no event shall Daktronics be liable to Purchaser or any other party for loss, damage, or injury of any kind or nature
arising out of or in connection with this Warranty in excess of the purchase price of the Equipment actually delivered to
and paid for by the Purchaser. The Purchaser’s remedy in any dispute under this Warranty shall be ultimately limited to the
Purchase Price of the Equipment to the extent the Purchase Price has been paid.
4. Dispute Resolution
Any dispute between the parties will be resolved exclusively and finally by arbitration administered in accordance with
the rules of the American Arbitration Association (“AAA”), except as otherwise provided below. The arbitration will be
conducted before a single arbitrator. The arbitration shall be held in Rochester, New York. Any decision rendered in such
arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court
of competent jurisdiction. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and
shall be governed by the Federal Arbitration Act.
5. Governing Law
The rights and obligations of the parties under this warranty shall not be governed by the provisions of the United Nations
Convention on Contracts for the International Sales of Goods of 1980. Both parties consent to the application of the laws
of the State of New York to govern, interpret, and enforce all of Purchaser and Daktronics rights, duties, and obligations
arising from, or relating in any manner to, the subject matter of this Warranty, without regard to conflict of law principles.
6. Availability of Service Agreement
For Purchaser’s protection, in addition to that afforded by the Warranty, Purchaser may purchase extended services to
cover the Equipment. A Service Agreement is available from Daktronics and may provide for electronic parts repair and/or
on-site labor for an extended period from the date of expiration of this Warranty. Alternatively, a Service Agreement may
be purchased in conjunction with this Warranty for extended additional services. For further information, contact Daktronics
Customer Service at 1-800-325-8766