
Title: C74AMST CreationDate: 06/23/93 17:09:07
Depending on the Machine, the service may be 1) | a “Repair” service at your location (called | |||||||||||||||||||||||||||||||||
reseller's service locations (called | or | 2) | an | “Exchange” | service, | either |
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When | a | type | of | service | involves | the | exchange | of | a | Machine | or | part, | the | item | IBM | or | your | reseller | repla | |||||||||||||||
and the replacement becomes yours. The replacement | may | not | be | new, | but | will | be | in | good | working order | and | |||||||||||||||||||||||
functionally | equivalent | to | the | item | replaced. |
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It | is | your | responsibility | to: |
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1. obtain authorization from the | owner | (for | example, |
| your | lessor) | to | have | IBM | or | your | reseller | service a | |||||||||||||||||||||
own; |
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2. where | applicable, before | service | is provided | — |
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| a. follow | the | problem |
| determination, | problem | analysis, | and | service | request |
| procedures | that | IBM | or your | |||||||||||||||||||
| b. secure all | programs, data, | and | funds | contained |
| in a | Machine, |
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| c. inform | IBM | or | your | reseller | of | changes | in | a | Machine's | location, | and |
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| d. for a Machine with exchange service, remove all features, parts, | options, | alterations, | and | attachments | |||||||||||||||||||||||||||||
| service. Also, | the | Machine must | be | free | of | any | legal obligations or restrictions that prevent its ex | ||||||||||||||||||||||||||
3. be | responsible for | loss | of, | or | damage | to, | a | Machine | in | transit | when | you | are | responsible | for | the | tran |
Extent of Warranty
IBM does not warrant uninterrupted or
Misuse, accident, modification, unsuitable physical or operating environment, | improper | maintenance aby you, or fa | ||||||||||||||
product | for | which | IBM | is | not | responsible | may | void | the | warranties. |
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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 |
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LAWS DO NOT ALLOW THE | EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, | THEN | ALL | EXPRESS | AND |
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IMPLIED | WARRANTIES ARE | LIMITED | IN | DURATION TO | THE | WARRANTY | PERIOD. NO | WARRANTIES | APPLY | AFTER THAT | ||||||
PERIOD. |
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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 no
Limitation | of | Liability |
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Circumstances may arise where, because | of a default on IBM's part | (including fundamental breach) or other | |||||||||||||||||||
negligence | and | misrepresentation), | you | are | entitled | to | recover damages | from | IBM. In | each | such instance, | reg | |||||||||
on which | you | are | entitled | to | claim | damages, | IBM | is | liable | only | for: |
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1. bodily | injury | (including | death), | and | damage to | real | property | and | tangible personal | property; | and |
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2. the amount of any other actual loss | or | damage, | up | to | the greater of | $100,000 | or | the | charge | for | the | ||||||||||
subject | of | the claim. |
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Under no circumstances is IBM liable for any of the following:
1. | claims against | you | for losses | or damages (other than those under the first item listed ab |
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 i possibility.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the abo exclusion may not apply to you.
This warranty gives you specific legal rights and you may also have other rights which vary from jurisdic
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