Daktronics T-7060 Touchpad - Manual (Page 29)

Copyright ©2009 Daktronics, Inc. Publication DD1628366 072109
AQUATICS SYSTEMS - SCOREBOARDS AND TIMING EQUIPMENT WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the “Warranty”) sets forth the warranty provided by Daktronics with respect to the Equipment. By accepting delivery of the Equipment, Purchaser agrees to
be bound by and accept these terms and conditions. All defined terms within the Warranty shall have the same meaning and definition as provided elsewhere in the Agreement.
DAKTRONICS WILL ONLY BE OBLIGATED TO HONOR THE WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS UPON RECEIPT OF FULL PAYMENT FOR THE EQUIPMENT.
1. Warranty Coverage
A. Except as otherwise provided herein, Daktronics warrants to the original end-user that the Equipment will be free from Defects (as defined below) in materials and workmanship for a period
of two (2) years for timing equipment and permanently mounted scoreboards and one (1) year for portable scoreboards and clocks. This Warranty shall commence on the earlier of: (i) four
weeks from the date that the Equipment leaves Daktronics’ facility; or (ii) Substantial Completion as defined herein.
“Substantial Completion” means the operational availability of the Equipment to the Purchaser in accordance with the Equipment’s specifications, without regard to punch-list items, or other
non-substantial items which do not affect the operation of the Equipment.
B. Batteries, battery-packs, battery recharging equipment, solar panels, pushbuttons, speakers, test meters, data cables and handheld control consoles/units are warranted for one (1) year
from date of shipment from Daktronics’ facility.
C. Where a third party’s equipment or software is supplied, such manufacturer’s warranty and warranty period shall apply in place of the above, and Seller hereby assigns to Purchaser all of
the rights under transferable third party warranties for such equipment and/or software.
D. Daktronics’ obligations under this Warranty are limited to replacing or repairing any electronics component or part thereof that is found by Daktronics not to conform to the Equipment’s
specifications. Unless otherwise directed by Daktronics, any defective part or component shall be returned to Daktronics for repair or replacement in accordance with paragraph E. This
Warranty does not include on-site labor charges to remove or install these components.
E. Purchaser shall pay ground transportation charges for the return of any defective component of the Equipment to Daktronics. If returned Equipment is repaired or replaced under the terms
of this Warranty, Daktronics will prepay ground transportation charges back to Purchaser; otherwise, Purchaser shall pay transportation charges to return the Equipment back to the Purchaser.
All returns must be pre-approved by Daktronics before shipment. Daktronics shall not be obligated to pay freight for any unapproved return. Purchaser shall pay any upgraded or expedited
transportation charges.
F. Any replacement parts or Equipment will be new or serviceably used, comparable in function and performance to the original part or Equipment, and warranted for the remainder of this
Warranty. Purchasing additional parts or Equipment from Daktronics does not extend this Warranty.
G. Defects shall be defined as follows: With regard to the Equipment (excepting LEDs), a “Defect” shall refer to a material variance from the design specifications that prohibits the Equipment
from operating for its intended use. With respect to LEDs, “Defects” are defined as LED pixels that cease to emit light. This Warranty does not impose any duty or liability upon Daktronics for
partial LED pixel degradation. Nor does this Warranty provide for the replacement or installation of communication methods including but not limited to, wire, fiber optic cable, conduit,
trenching, or radio equipment substitutions (for the purpose of overcoming local site interference).
H. THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, THE SELLER
UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE EQUIPMENT OR THAT THE EQUIPMENT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH PURCHASER MAY BE BUYING
THE EQUIPMENT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THIS WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS
OR EMPLOYEES, SHALL CREATE OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
2. Exclusions from Warranty Coverage
This Warranty does not impose any duty or liability upon Daktronics for any of the following:
A. 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. 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 strike or other natural disaster, inability to obtain materials or utilities, war, terrorism, civil disturbance or any other
cause beyond Daktronics’ reasonable control;
E. 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 and shall not be relied upon by Purchaser and are not part of the contract of sale;
F. 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
G. Any performance of preventive maintenance.
3. Limitation of Liability
Daktronics shall be under no obligation to furnish continued service under this Warranty if: (i) the Equipment is not installed in accordance with the Equipment’s manual, including, but not
limited to the earth grounding requirements, (ii) alterations are made to the Equipment without the prior written approval of Daktronics, or (iii) if the equipment is moved from its location of
initial installation or reinstalled without the prior written approval of Daktronics, unless the displays were designed by Daktronics to be mobile.
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. Dispute Resolution
Any dispute between the parties will be resolved exclusively and finally by arbitration administered in accordance with the rules of the American Arbitration Association (“AAA”), except as
otherwise provided below. The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Sioux Falls, 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.
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. 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.
6. Availability of Extended Service Agreement
For Purchaser’s protection, in addition to that afforded by this Warranty set forth herein, Purchaser may purchase extended 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.