The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating
environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible. The warranty is voided by removal or
alteration of Machine or parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION
TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 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.
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.
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