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 “On-site”) or

reseller's service locations (called “Carry-in”)

or

2)

an

“Exchange”

service,

either On-site or

Carry-in.

 

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

It

is

your

responsibility

to:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. obtain authorization from the

owner

(for

example,

 

your

lessor)

to

have

IBM

or

your

reseller

service a

own;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. where

applicable, before

service

is provided

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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,

 

 

 

 

 

 

 

 

 

 

 

 

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

 

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 error-free operation of a Machine.

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.

 

 

 

 

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 no

Limitation

of

Liability

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

 

 

 

 

 

 

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

subject

of

the claim.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Under no circumstances is IBM liable for any of the following:

1. third-party

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

Z125-4753-02 1/93

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IBM Dock I manual Extent of Warranty