Daktronics BB-2140, Display Manual

Page: 38 / 38

DAKTRONICS WARRANTY & LIMITATION OF LIABILITY
Copyright © Daktronics, Inc. SL-02374 Rev 12 19Nov15 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. statements made about the product by any salesperson, dealer, distributor or agent, 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 End User and are
not part of the contract of sale;
G. 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;
H. replenishment of spare parts. In the event the Equipment was purchased with a spare parts package, the parties acknowledge and agree that the
spare parts package is designed to exhaust over the life of the Equipment, and as such, the replenishment of the spare parts package is not included in
the scope of this Warranty;
I. security or functionality of the End User’s network or systems, or anti‐virus software updates;
J. performance of preventive maintenance;
K. third‐party systems and other ancillary equipment, including without limitation front‐end video control systems, audio systems, video processors
and players, HVAC equipment, batteries and LCD screens;
L. incorporation of accessories, attachments, software or other devices not furnished by Daktronics; or
M. paint or refinishing the Equipment or furnishing material for this purpose.
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 claims asserting or based on (a) loss of use of the facility or equipment;
lost business, revenues, or profits; loss of goodwill; failure or increased cost of operations; loss, damage or corruption of data; loss resulting from system
or service failure, malfunction, incompatibility, or breaches in system security; or (b) 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, injury to property or any damages or sums paid 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 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. The End User’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 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. 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. The parties consent to the application of the laws of the State of South Dakota to govern, interpret, and
enforce each of the parties’ 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 Extended Service Agreement
For End User’s protection, in addition to that afforded by the warranties set forth herein, End User 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).