When a type of 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. 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 ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange.
You agree to:
1obtain authorization from the owner to have IBM or your reseller service a Machine that you do not own; and
2where 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, and c 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.
EXTENT OF WARRANTY
IBM does not warrant uninterrupted or
The warranties may be voided by misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, removal or alteration of Machine or parts identification labels, or failure caused by a product for which IBM is not responsible.
THESE WARRANTIES 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.
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 only for:
1damages for bodily injury (including death) and damage to real property and tangible personal property; and
2the amount of any other actual direct damages or loss, up to the greater of U.S. $100,000 or the charges (if recurring, 12 months’ charges apply) for the Machine that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1)
