When a type of service involves the exchange of a Machine or part, the item IBM or your
reseller replaces becomes its property and the replacement becomes yours. You
represent that all removed items are genuine and unaltered. The replacement may not be
new, but will be in good working order and at least functionally equivalent to the item
replaced. The replacement assumes the warranty service status of the replaced item.
Before IBM or your reseller exchanges a Machine or part, you agree to remove all
features, parts, options, alterations, and attachments not under warranty service. You also
agree to ensure that the Machine is free of any legal obligations or restrictions that
prevent its exchange.
You agree to:
1.obtain authorization from the owner to have IBM or your reseller service a Machine that
you do not own; and
2.where applicable, before service is provided -
a. follow the problem determination, problem analysis, and service request procedures
that IBM or your reseller provide,
b.secure all programs, data, and funds contained in a Machine, and
c. inform IBM or your reseller of changes in a Machine’s location.
IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s
possession or 2) in transit in those cases where IBM is responsible for the transportation
charges.
Extent of Warranty
IBM does not warrant uninterrupted or error- free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable physical or
operating environment, improper maintenance by you, removal or alteration of Machine or
parts identification labels, or failure caused by a product for which IBM is not responsible.
THESE WARRANTIES REPLACE 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.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION
MAY NOT APPLY TO YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT
PERIOD.
Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part or other liability you
are entitled to recover damages from IBM. In each such instance, regardless of the basis
on which you are entitled to claim damages from IBM (including fundamental breach,
negligence, misrepresentation, or other contract or tort claim), IBM is liable only for:
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 or loss, up to the
greater of U. S. $100,000 or the charges (if recurring, 12 months’ charges apply) for the
Machine that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1)
THIRD- PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES (OTHER THAN
THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO,
YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES
OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM OR YOUR RESELLER IS INFORMED OF
THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
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