IBM ThinkPad 760E Instruction Manual page 316

Product Warranties and Notices
298
IBM ThinkPad 760E, 760ED, or 760EL User's Guide
When a type of service involves the exchange of a Machine or part, the item IBM or
your reseller replaces becomes its property and the replacement becomes yours. The
replacement may not be new, but will be in good working order and at least
functionally equivalent to the item replaced.
It is your responsibility to:
1. obtain authorization from the owner ( f or example, your lessor) to have IBM or your
reseller service a Machine that you do not own;
2. where applicable, before service is provided —
a) follow the problem determination, problem analysis, and service request
procedures that IBM or your reseller provide,
b) secure all programs, data, and funds contained in a Machine,
c) inform IBM or your reseller of changes in a Machine's location, and
d) for a Machine with exchange service, remove all features, parts, options,
alterations, and attachments not under warranty service. Also, the Machine
must be free of any legal obligations or restrictions that prevent its exchange;
and
3. be responsible for loss of, or damage to, a Machine in transit when you are
responsible for the transportation charges.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Unless IBM specifies otherwise, IBM provides non-IBM machines on an "AS IS" basis.
However, non-IBM manufacturers may provide their own warranties to you.
Misuse, accident, modification, unsuitable physical or operating environment, improper
maintenance by you, removal of product labels or parts identification labels, or failure
caused by a product for which IBM is not responsible may void the warranties.
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 Liability
Circumstances may arise where, because of a default on IBM's part ( i ncluding
fundamental breach) or other liability ( i ncluding negligence and misrepresentation),
you are entitled to recover damages from IBM. In each such instance, regardless of
the basis on which you are entitled to claim damages, IBM is liable only for:
1. bodily injury ( i ncluding death), and damage to real property and tangible personal
property; and
2. the amount of any other actual loss or damage, up to the greater of $100,000 or
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 ( o ther than those under the
first item listed above);
2. loss of, or damage to, your records or data; or
3. economic consequential damages ( i ncluding 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
consequential damages, so the above limitation or exclusion may not apply to you.