DAKTRONICS
WARRANTY & LIMITATION OF LIABILITY
SL-02374 Rev 14 13 January 2020 Page 2 of 3
Copyright © Daktronics, Inc.
altered, scratched, or fractured electronic traces; missing or gauged solder pads; cuts or clipped wires; crushed, cracked,
punctured, or bent circuit boards; or tampering with any electronic connections, provided that such damage is not caused by
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) improper power including, without limitation, a failure or sudden surge of electrical power; (iii) improper air conditioning,
humidity control, or other environmental conditions outside of the Equipment’s technical specifications such as extreme
temperatures, corrosives and metallic pollutants; 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.
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
A.
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.
B.
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
C.
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
A.
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; Election of Remedies
A.
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.
B.
Any dispute, controversy or claim arising from or related to this Warranty, the parties shall first attempt to settle through
negotiations. In the event that no resolution is reached, then such dispute, controversy, or claim shall be resolved by final and
binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The language of the arbitration
Summary of Contents for MS-2113
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