IBM Netfinity ServeRAID-4H Ultra160, User Reference

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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.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added
to this Section: The warranties specified in this Section are in addition to any rights
you may have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
Extent of Warranty: The following replaces the first and second sentences of this
Section: The warranty does not cover the repair or exchange of a Machine resulting
from misuse, accident, modification, unsuitable physical or operating environment,
operation in other than the Specified Operating Environment, improper maintenance
by you, or failure caused by a product for which IBM is not responsible.
Limitation of Liability: The following is added to this Section: Where IBM is in
breach of a condition or warranty implied by the Trade Practices Act 1974, IBM’s
liability is limited to the repair or replacement of the goods or the supply of
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IBM
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Netfinity
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User’s Reference: ServeRAID
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-4H Ultra160 SCSI Controller