IBM 865263Y Handbook - Page 90

Against You For Damages Other Than Those Under The First Item Listed Above; 2 Loss Of, Or Damage

Get IBM 865263Y - Netfinity 4000R - 8652 PDF manuals and user guides View all IBM 865263Y manuals
Add to My Manuals
Save this manual to your list of manuals

Page 90 highlights

When warranty 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. Any feature, conversion, or upgrade IBM or your reseller services must be installed on a Machine which is 1) for certain Machines, the designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade. Many features, conversions, or upgrades involve the removal of parts and their return to IBM. A part that replaces a removed part will assume the warranty service status of the removed part. 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 1. ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange; 2. obtain authorization from the owner to have IBM or your reseller service a Machine 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 contained in a Machine, c. provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit them to fulfill their obligations, and d. 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. Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personal information contained in a Machine which you return to 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, 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 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 maximum 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 (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ASIA PACIFIC AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added to this Section: The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation. Extent of Warranty: The following replaces the first and second sentences of this Section: The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible. Limitation of Liability: The following is added to this Section: 80 Netfinity® 4000R User's Handbook

  • 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
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
When warranty 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.
Any feature, conversion, or upgrade IBM or your reseller services must be installed on a Machine which is 1) for certain Machines,
the designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade.
Many features, conversions, or upgrades involve the removal of parts and their return to IBM.
A part that replaces a removed part
will assume the warranty service status of the removed part.
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
1. ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange;
2. obtain authorization from the owner to have IBM or your reseller service a Machine 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 contained in a Machine,
c. provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit them to fulfill their obligations,
and
d. 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.
Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personal information contained in a Machine
which you return to 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, 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 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 maximum 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 (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM,
ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY.
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ASIA PACIFIC
AUSTRALIA:
The IBM Warranty for Machines:
The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act 1974 or other
legislation and are only limited to the extent permitted by the applicable legislation.
Extent of Warranty:
The following replaces the first and second sentences of this Section:
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical
or operating environment, operation in other than the Specified Operating Environment, improper maintenance by you, or failure
caused by a product for which IBM is not responsible.
Limitation of Liability:
The following is added to this Section:
80
Netfinity
4000R User's Handbook