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
Part 2: Appendixes 2-13
Summary of Contents for USB Travel Mouse
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