Warranty and limitation of liability, Daktronics – Daktronics Single-Section Outdoor LED Scoreboards User Manual

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DAKTRONICS

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. 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 one (1) year (the “Warranty Period”). The warranty period 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. The warranty
period shall expire on the first anniversary of the commencement date.

“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. Daktronics’ obligation under this Warranty is limited to, at Daktronics’ option, replacing or repairing, any Equipment 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. Daktronics may, at its option,

provide on-site warranty service. Daktronics shall have a reasonable period of time to make such replacements or repairs and
all labor associated therewith shall be performed during regular working hours. Regular working hours are Monday through
Friday between 8:00 a.m. and 5:00 p.m. at the location where labor is performed, excluding any holidays observed by either

Purchaser or Daktronics.

C. Daktronics shall pay ground transportation charges for the return of any defective component of the Equipment. 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.

D. 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 the Warranty Period. Purchasing additional parts or Equipment
from the Seller does not extend this Warranty Period.

E. 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 prohibit the Equipment from operating for its intended use. With respect to LEDs,
“Defects” are defined as LED pixels that cease to emit light. The limited warranty provided by Daktronics does not impose any
duty or liability upon Daktronics for partial LED pixel degradation. Nor does the limited warranty provide for the replacement or

installation of communication methods including but not limited to, wire, fiber optic cable, conduit, trenching, or for the purpose
of overcoming local site interference radio equipment substitutions.

THIS LIMITED 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 THE

WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES,
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

THIS LIMITED WARRANTY IS NOT TRANSFERABLE.

Exclusion from Warranty Coverage

The limited warranty provided by Daktronics 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;