IBM S544-5343-03 manual Limitation of Warranty

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

not apply

to

you.

Limitation of Warranty

Circumstances may arise where, because of a default on IBM's part (including

fundamental	breach)	or other liability	(including negligence and misrepresentation), you
are entitled to recover damages from			IBM. In each	such	instance,	regardless of th
basis 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 person property; and

2. the	amount of any other actual loss	or	damage, up to the greater of $100,000 o
the	charge for the Machine that is	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

t

first

item listed

above);

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

informed

of

their possibility.

Some jurisdictions do not allow the

exclusion or limitation of incidental or consequenti

damages,

so

the

above limitation or

exclusion

may

not

apply

to

you.

This warranty gives you specific

legal

rights

and

you

may

also

have

other

rights

w

vary from

jurisdiction

to jurisdiction.

Statement of Limited Warrantyix