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 CIRCUMSTANCESIS IBM LIABLE FOR ANY OF THE
FOLLOWING:
1. THIRD-PARTYCLAIMS 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
LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONOR EXCLUSION MAY NOT APPLY TO
YOU.
Part 2 –Country/region-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 TradePractices Act 1974 or other
legislation and are only limited to the extent permitted by the applicable
legislation.
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