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. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced.
It is your responsibility to:
1.obtain authorization from the owner (for example, your lessor) to have IBM or your reseller service a Machine that you do not own;
2.where applicable, before service is provided —
a.follow the problem determination, problem analysis, and service request procedures that IBM or your reseller provide,
b.secure all programs, data, and funds contained in a Machine,
c.inform IBM or your reseller of changes in a Machine’s location, and
d.for a Machine with exchange service, remove all features, parts, options, alterations, and attachments not under warranty service. Also, the Machine must be free of any legal obligations or restrictions that prevent its exchange; and
3.be responsible for loss of, or damage to, a Machine in transit when you are responsible for the transportation charges.
Extent of Warranty
IBM does not warrant uninterrupted or
Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible may void the warranties.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part (including fundamental breach) 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, IBM is liable only for:
1.bodily injury (including death), and damage to real property and tangible personal property; and
2.the amount of any other actual loss or damage, up to the greater of $100,000 or the charge for the Machine that is the subject of the claim.
Under no circumstances is IBM liable for any of the following:
1.
2.loss of, or damage to, your records or data; or
3.economic consequential damages (including lost profits or savings) or incidental damages, even if IBM 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.
This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.