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2.
Exclusion from Warranty Coverage
The Warranty does not impose any duty or liability upon Daktronics for:
A. Any damage occurring, at any time, during shipment of Equipment unless otherwise provided for in the
Agreement. When returning Equipment to Daktronics for repair or replacement, Purchaser assumes all risk of loss or
damage, and agrees to use any shipping containers that might be provided by Daktronics and to ship the Equipment
in the manner prescribed by Daktronics;
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.
