Daktronics BA-2000 Series, Display Manual

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Copyright © Daktronics, Inc. SL-02374 Rev 10 02-Mar-2009 Page 2 of 2
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 1-877-605-
1116.