Daktronics Scoreboard Dual Hoist - Manual (Page 22)

18 Warranty
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.