If a Machine does not function as warranted during the warranty period, IBM
or your reseller will repair or replace it with one that is at least functionally
equivalent, without charge. The replacement may not be new, but it will be
in good working order. If IBM or your reseller is unable to repair or replace
the Machine, you may return it to your place of purchase and your money
will be refunded.
If you transfer a Machine to another user, warranty service is available to that
user for the remainder of the warranty period. You should give your proof of
purchase and this Statement to that user. However, for machines which have
a life-time warranty, this warranty is not transferable.
Warranty Service
To obtain warranty service for the Machine, you should contact your reseller
or call IBM. In the United States and Canada, call IBM at
1-800-IBM-SERV
(426-7378)
. You may be required to present proof of purchase.
IBM or your reseller will provide certain types of repair and exchange service,
either at your location or at IBM’s or your reseller’s service center, to restore a
Machine to good working order.
When a type of 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 unal-
tered. 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. 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 ensure that the Machine is free of any legal obligations or restric-
tions that prevent its exchange.
You agree to:
1
obtain authorization from the owner to have IBM or your reseller
service a Machine that you do not own; and
2
where applicable, before service is provided —
a
follow the problem determination, problem analysis, and ser-
vice request procedures that IBM or your reseller provide,
b
secure all programs, data, and funds contained in a Machine,
and
c
inform IBM or your reseller of changes in a Machine's location.
IBM is responsible for loss of, or damage to, a Machine while it is 1) in IBM’s
possession or 2) in transit in those cases where IBM is responsible for the
transportation charges.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable
physical or operating environment, improper maintenance by you, removal
or alteration of Machine or parts identification labels, or failure caused by a
product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WAR-
RANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDIC-
TION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLU-
SION OF EXPRESS OR IMPLIED WARRANTIES, 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.
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part or other
liability (including negligence and misrepresentation), 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 only for:
Damages for bodily injury (including death) and damage to real property and
tangible personal property; and
The amount of any other actual direct damages or loss, up to the greater of
US$100,000 or the charges (if recurring, 12 months’ charges apply) for the
Machine that is the subject of the claim.
Under no circumstances is IBM liable for any of the following: 1) Third-party
claims against you for losses or damages (other than those under the first
item listed above); 2) Loss of, or damage to, your records or data; or 3) Spe-
cial, incidental, or indirect damages or for any economic consequential dam-
ages (including lost profits or savings), even if IBM 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 exclusion or limitation
may not apply to you.
This warranty gives you specific legal rights and you may also have other
rights which vary from jurisdiction to jurisdiction.
© COPYRIGHT INTERNATIONAL BUSINESS MACHINES CORPORATION
1998. ALL RIGHTS RESERVED.
Note to US Government Users — Documentation released to restricted rights
— Use, duplication or disclosure is subject to restrictions set forth in GSA
ADP Schedule Contract with IBM Corporation.
Part No. 02L0893
Published July, 1998
Usermatrix.fm Page 6 Thursday, June 25, 1998 1:16 PM
