Production Status
Each Hitachi Global Storage Technologies Machine is manufactured from new parts, or new
and used parts. In some cases, the Machine may not be new and may have been previously
installed. Regardless of the Machine’s production status, Hitachi Global Storage Technologies’
appropriate warranty terms apply.
Limitation of Liability
Circumstances may arise where, because of a default on Hitachi Global Storage Technologies’
part or other liability, you are entitled to recover damages from Hitachi Global Storage
Technologies. In each such instance, regardless of the basis on which you are entitled to
claim damages from Hitachi Global Storage Technologies (including fundamental breach,
negligence, misrepresentation, or other contract or tort claim), Hitachi Global Storage
Technologies is liable for no more than
1. damages for bodily injury (including death) and damage to real property and tangible
personal property; and
2. the amount of any other actual direct damages up to the greater of (i) US $ 10,000 (ten
thousand US dollars) or the equivalent in local currency, or (ii) the charges for the Machine
that is the subject of the claim.
This limit also applies to Hitachi Global Storage Technologies’ suppliers and your reseller. It
is the maximum for which Hitachi Global Storage Technologies, its suppliers, and your reseller
are collectively responsible.
