IBM 865741Y Handbook - Page 242

Product Warranties and Notices fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable only for: 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 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) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR 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 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 EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. United Kingdom IBM warrants this IBM product to be in good working order and conforms to its officially published IBM specifications for a period of three years from the date of first purchase by an end-user customer. Note: Batteries for Mobile products are limited to 1 year warranty. Your sales receipt or authorised dated and stamped warranty service certificate is proof of your entitlement to warranty service. If this product is not in good working order, IBM will, at its option, repair or replace this product at no additional charge except as set forth below. Repair parts and replacement products will be provided on an exchange basis and will be either new, equivalent to new or reconditioned. All replaced parts and products become the property of IBM. This warranty does not cover the repair of damage to the product resulting from: Accident, disaster, misuse and abuse Use of parts not manufactured or sold by IBM Modification of the product 224 Netfinity 3500 User's Handbook