IBM 09N4076 Loss Of, or, It is, Transit, Cases, Or personal, For Any Reason, All Such, Breach

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.

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.

Part

2

-

Worldwide

Country-Unique

Terms

ASIA

PACIFIC

AUSTRALIA:

The

IBM Warranty

for

Machines:

The

following

paragraph

is

added

to

this

Section:

The

warranties

specified

in

this

Section

are

in

addition

to

any

rights

you may

have

under

the

Trade

Practices

Act

1974

or

other

legislation

and

are

only

limited

to

the

extent

permitted

by the

applicable

legislation.

Extent

of

Warranty:

The

following

replaces

the

first

and

second

sentences

of

this

Section:

The warranty does not cover the

repair

or

exchange

of

a

Machine

resulting

from

misuse,

accident,

modification,

unsuitable

physical

or

operating

environment,

operation

in

other

than

the

Specified

Part 2: Appendixes 2-27