6
Statement of Limited Warranty
International Business Machines Corporation
Armonk, NY 10504
The warranties provided by IBM in this Statement of Limited Warranty
apply only to Machines you originally purchase for your use, and not for
resale, from IBM or your reseller. The term "Machine" means an IBM
machine, its features, conversions, upgrades, elements, or accessories,
or any combination of them. Unless IBM specifies otherwise, the follow-
ing warranties apply only in the country where you acquire the
Machine. If you have any questions, contact IBM or your reseller
.
Production Status
Each 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, IBM's warranty
terms apply.
The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials and
workmanship and 2) conforms to IBM's Official Published Specifications.
The warranty period for a Machine is a specified, fixed period commencing
on its Date of Installation. The date on your receipt is the Date of Installa-
tion, unless IBM or your reseller informs you otherwise.
During the warranty period IBM or your reseller, if authorized by IBM, will
provide warranty service under the type of service designated for the
Machine and will manage and install engineering changes that apply to the
Machine.
For IBM or your reseller to provide warranty service for a feature, conver-
sion, or upgrade, IBM or your reseller may require that the Machine on
which it is installed be 1) for certain Machines, the designated, serial-num-
bered Machine and 2) at an engineering-change level compatible with the
feature, conversion, or upgrade. Many of these transactions involve the
removal of parts and their return to IBM. that are provided on an exchange
basis. You represent that all removed parts are genuine and unaltered. A
part that replaces a removed part will assume the warranty service status of
the replaced part.
If a Machine does not function as warranted during the warranty period,
IBM or your reseller will repair or replace it with one that is at least func-
tionally equivalent, without charge. The replacement may not be new, but
it will be in good working order. If IBM or your reseller is unable to repair or
replace the Machine, you may return it to your place of purchase and your
money will be refunded.
If you transfer a Machine to another user, warranty service is available to
that user for the remainder of the warranty period. You should give your
proof of purchase and this Statement to that user. However, for machines
which have a life-time warranty, this warranty is not transferable.
Warranty Service
To obtain warranty service for the Machine, you should contact your
reseller or call IBM. In the United States and Canada, call IBM at
1-800-IBM-SERV (426-7378)
. You may be required to present proof of
purchase.
IBM or your reseller will provide certain types of repair and exchange ser-
vice, either at your location or at IBM’s or your reseller’s service center, to
restore a Machine to good working order.
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 replace-
ment 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 replace-
ment assumes the warranty service status of the replaced item. Before IBM
or your reseller exchanges a Machine or part, you agree to remove all fea-
tures, parts, options, alterations, and attachments not under warranty ser-
vice. 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 loca-
tion.
IBM is responsible for loss of, or damage to, a 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, unsuit-
able 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 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 (including negligence and misrepresentation), 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 funda-
mental breach, negligence, misrepresentation, or other contract or tort
claim), IBM is liable only for:
Damages for bodily injury (including death) and damage to real property
and tangible personal property; and
The amount of any other actual direct damages or loss, up to the greater of
US$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) Spe-
cial, 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 exclu-
sion or limitation may not apply to you.
This warranty gives you specific legal rights and you may also have other
rights which vary from jurisdiction to jurisdiction.
© COPYRIGHT INTERNATIONAL BUSINESS MACHINES CORPORATION
1999. ALL RIGHTS RESERVED.
Note to US Government Users — Documentation released to restricted
rights — Use, duplication or disclosure is subject to restrictions set forth in
GSA ADP Schedule Contract with IBM Corporation.
Part No. 02L0896
Published January, 1999
Machine: IBM 8271 Nways 1000BASE-SX Module
Warranty Period*: 1 year
* Contact your place of purchase for warranty service information.
