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User Guide
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.
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