Daktronics DBH-150 - Manual (Page 17)

wARRANTY 13
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 Support at 1-800-DAKTRONICS (1-800-325-8766).