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2. obtain authorisation from the owner to h ave IBM or your r eseller service a Machin e
that you do not own; and
3. where 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 cont ained in a Machine,
c. provide IBM or your reseller with suffi cient, free, and safe access to your
facilities to permit them to fulfil their obligations, and
d. inform IBM or your reseller of changes in a Mach ine’s location.
IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s posses-
sion or 2) in transit in those cases where IBM is responsible for the tr ansportation charg-
es.
Neither IBM nor your reseller is responsi ble for any of your confide ntial, proprietary or
personal information contained in a M achine which you return t o IBM or your reseller
for any reason. You should remove all such information from the Machine prior to its
return.
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, rega rdless of the
basis on which you are entitled to claim damages from IBM (including fundamental
breach, negligence, misrepresentation, or other contract or t ort 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 maximu m for which
IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING:
1) THIRD-PARTY CLAIMS 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 (INCLUD-
ING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RE-
SELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTA L OR CONSE-
QUENTIAL DAMAGES, SO THE ABOVE LI MITATION OR EXCLUSION MAY
NOT APPLY TO YOU.