Daktronics Gen V Radio - Manual (Page 32)

Copyright © Daktronics, Inc. SL-02374 Rev 10 02-Mar-2009 Page 2 of 2
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.
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.
Assignment of Rights
The Warranty contained herein extends only to the original end-user (which may be the Purchaser) of the Equipment and no
attempt to extend the Warranty to any subsequent user-transferee of the Equipment shall be valid or enforceable without the
express written consent of Daktronics.
5.
Dispute Resolution
Any dispute between the parties will be resolved exclusively and finally by arbitration administered by the American Arbitration
Association (“AAA”) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted
before a single arbitrator. The arbitration shall be held in Brookings, South Dakota. 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.
6. 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 South Dakota 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.
7. Availability of Extended Service Agreement
For Purchaser’s protection, in addition to that afforded by the warranties set forth herein, Purchaser may purchase extended
warranty services to cover the Equipment. The Extended Service Agreement, available from Daktronics, provides for electronic
parts repair and/or on-site labor for an extended period from the date of expiration of this warranty. Alternatively, an Extended
Service Agreement may be purchased in conjunction with this warranty for extended additional services. For further information,
contact Daktronics Customer Service at 1-800-DAKTRONics (1-800-325-8766).