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.
Neither IBM nor your reseller is responsible for any of your confidential, proprietary or
personal information contained in a Machine which you return to IBM or your reseller for any
reason. You should remove all such information from the Machine prior to its return.
Production Status
Each IBM 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 appropriate warranty terms apply.
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 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 U.S. $100,000 (or
equivalent in local currency) or the charges (if recurring, 12 months' charges apply) for the
Machine that is the subject of the claim.
This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM,
its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING:
1) THIRD-PARTY CLAIMS AGAINST YOU FOR 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, ITS SUPPLIERS 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 LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
IBM Statement of Warranty Worldwide except Canada, Puerto Rico, Turkey,
United States (Part 1 – General Terms)
______________________________________________________________________________
This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-unique
Terms. The terms of Part 2 may replace or modify those of Part 1. The warranties provided
by IBM in this Statement of Warranty apply only to Machines you 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. The
term "Machine" does not include any software programs, whether pre-loaded with the
Machine, installed subsequently or otherwise. Unless IBM specifies otherwise, the following
warranties apply only in the country where you acquire the Machine. Nothing in this
Statement of Warranty affects any statutory rights of consumers that cannot be waived or
limited by contract. If you have any questions, contact IBM or your reseller.
Machine – 9495
Warranty Period* - Three (3) Years
*Contact your place of purchase for warranty service information. Some IBM Machines are eligible for On-site
warranty service depending on the country where service is performed.
