IBM 17231RX Installation Guide - Page 76

FOLLOWING, TERMS, APPLY, COUNTRY, SPECIFIED, AUSTRIA, GERMANY, Warranty, Covers, Correct, Problems,

Get IBM 17231RX - 1U Flat-Panel Monitor Console PDF manuals and user guides
UPC - 000435862730
View all IBM 17231RX manuals
Add to My Manuals
Save this manual to your list of manuals

Page 76 highlights

Except as otherwise provided by mandatory law: a. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Statement of Limited Warranty is limited in the aggregate to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount equal to the charges you paid for the Machine that has caused the damages. For purposes of this item, the term "Machine" includes Machine Code and Licensed Internal Code ("LIC"). This limit also applies to IBM's suppliers, subcontractors, and resellers. It is the maximum for which IBM and its suppliers, subcontractors and resellers are collectively responsible. The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. b. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS, SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED: AUSTRIA AND GERMANY What this Warranty Covers: The following replaces the first sentence of the first paragraph of this section: The warranty for an IBM Machine covers the functionality of the Machine for its normal use and the Machine's conformity to its Specifications. The following paragraph is added to this section: The minimum warranty period for Machines is 12 months. In case IBM or your reseller is unable to repair an IBM Machine, you can alternatively ask for a price reduction as far as justified by the reduced value of the unrepaired Machine or ask for a cancellation of the respective agreement for such Machine and get your money refunded. The second paragraph does not apply. What IBM Will Do to Correct Problems: The following is added to this section: During the warranty period, transportation for the delivery of the failing Machine to IBM will be at IBM's expense. Limitation of Liability: 66 1U 17-inch Flat Panel Console Kit: Installation and Maintenance Guide

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
Except
as
otherwise
provided
by
mandatory
law:
a.
IBM’s
liability
for
any
damages
and
losses
that
may
arise
as
a
consequence
of
the
fulfillment
of
its
obligations
under
or
in
connection
with
this
Statement
of
Limited
Warranty
is
limited
in
the
aggregate
to
the
compensation
of
only
those
damages
and
losses
proved
and
actually
arising
as
an
immediate
and
direct
consequence
of
the
non-fulfillment
of
such
obligations
(if
IBM
is
at
fault),
for
a
maximum
amount
equal
to
the
charges
you
paid
for
the
Machine
that
has
caused
the
damages.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
and
Licensed
Internal
Code
(“LIC”).
This
limit
also
applies
to
IBM's
suppliers,
subcontractors,
and
resellers.
It
is
the
maximum
for
which
IBM
and
its
suppliers,
subcontractors
and
resellers
are
collectively
responsible.
The
above
limitation
shall
not
apply
to
damages
for
bodily
injuries
(including
death)
and
damages
to
real
property
and
tangible
personal
property
for
which
IBM
is
legally
liable.
b.
UNDER
NO
CIRCUMSTANCES
IS
IBM,
OR
ITS
SUPPLIERS,
SUBCONTRACTORS,
OR
RESELLERS
LIABLE
FOR
ANY
OF
THE
FOLLOWING,
EVEN
IF
INFORMED
OF
THEIR
POSSIBILITY:
1)
LOSS
OF,
OR
DAMAGE
TO,
DATA;
2)
INCIDENTAL
OR
INDIRECT
DAMAGES,
OR
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
3)
LOST
PROFITS,
EVEN
IF
THEY
ARISE
AS
AN
IMMEDIATE
CONSEQUENCE
OF
THE
EVENT
THAT
GENERATED
THE
DAMAGES;
OR
4)
LOSS
OF
BUSINESS,
REVENUE,
GOODWILL,
OR
ANTICIPATED
SAVINGS.
THE
FOLLOWING
TERMS
APPLY
TO
THE
COUNTRY
SPECIFIED:
AUSTRIA
AND
GERMANY
What
this
Warranty
Covers:
The
following
replaces
the
first
sentence
of
the
first
paragraph
of
this
section:
The
warranty
for
an
IBM
Machine
covers
the
functionality
of
the
Machine
for
its
normal
use
and
the
Machine’s
conformity
to
its
Specifications.
The
following
paragraph
is
added
to
this
section:
The
minimum
warranty
period
for
Machines
is
12
months.
In
case
IBM
or
your
reseller
is
unable
to
repair
an
IBM
Machine,
you
can
alternatively
ask
for
a
price
reduction
as
far
as
justified
by
the
reduced
value
of
the
unrepaired
Machine
or
ask
for
a
cancellation
of
the
respective
agreement
for
such
Machine
and
get
your
money
refunded.
The
second
paragraph
does
not
apply.
What
IBM
Will
Do
to
Correct
Problems:
The
following
is
added
to
this
section:
During
the
warranty
period,
transportation
for
the
delivery
of
the
failing
Machine
to
IBM
will
be
at
IBM’s
expense.
Limitation
of
Liability:
66
1U
17-inch
Flat
Panel
Console
Kit:
Installation
and
Maintenance
Guide