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.
Items not covered by warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Unless specified otherwise, IBM provides non-IBM machines
WITHOUT
WARRANTIES OF ANY KIND.
Any technical or other support provided for a Machine under warranty, such
as assistance via telephone with “how-to” questions and those regarding
Machine set-up and installation, will be provided
WITHOUT
WARRANTIES OF ANY KIND.
Warranty service
To obtain warranty service for the Machine, contact your reseller or IBM.
You may be required to present proof of purchase.
IBM or your reseller provides certain types of repair and exchange service,
either at your location or at a service center, to keep Machines in, or restore
them to, conformance with their Specifications. IBM or your reseller will
inform you of the available types of service for a Machine based on its
country of installation. IBM may repair the failing Machine or exchange it
at its discretion.
When warranty 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.
Any feature, conversion, or upgrade IBM or your reseller services must be
installed on a Machine which is 1) for certain Machines, the designated,
serial-numbered Machine and 2) at an engineering-change level compatible
with the feature, conversion, or upgrade. Many features, conversions, or
upgrades involve the removal of parts and their return to IBM. A part that
replaces a removed part will assume the warranty service status of the
removed part.
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
1. ensure that the Machine is free of any legal obligations or restrictions
that prevent its exchange;
2. obtain authorization from the owner to have IBM or your reseller
service a Machine that you do not own; and
3. where applicable, before service is provided
a. follow the problem determination, problem analysis, and service
request procedures that IBM or your reseller provides,
b. secure all programs, data, and funds contained in a Machine,
c. provide IBM or your reseller with sufficient, free, and safe access
to your facilities to permit them to fulfil their obligations, and
d. 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.
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 equivalent goods. Where that condition or
warranty relates to right to sell, quiet possession or clear title, or the goods
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