IBM XStation 130 Set Up And Operation Manual page 6

SERVICES FOR ADDITIONAL CHARGE DURING THE WARRANTY PERIOD
Warranty service does not include repair of certain Machine failures. These failures are those which are
caused by an unsuitable environment, accident, disaster, transportation, vandalism, misuse, abuse,
another product or device not under IBM warranty or IBM agreement service, non-IBM modification, or
service of the Machine by other than IBM. In addition, warranty service does not include inspection of the
Machine, including inspection of an altered Machine, or repair of damage caused by use of, inadequate
use of, or failure to use, supplies. If service not included in warranty service is available, and IBM provides
such service, it will be provided for an additional charge. IBM shall determine such charge by using IBM's
1) then generally available hourly service rates and minimum charges for service time, including travel
and waiting time, 2) parts and material prices then generally in effect, and 3) charges for travel and
shipping expense, all as applicable.
OTHER WARRANTY PROVISIONS AND EXCLUSIONS
This limited warranty does not include any service which is impractical for IBM to render because of
alterations in, or attachments to, this Machine. IBM will replace a part not provided by IBM for this ~.,
Machine only with a directly interchangeable IBM part. If so, IBM will charge you as described in the
preceding paragraph. IBM will not replace any part which is included in an alteration.
If you transfer this Machine to another user, IBM will provide the availability of warranty service under this
Statement to that user. Such warranty service will be available for the remainder of the Warranty Period.
Therefore, you should transfer the proof of purchase and this Statement to that user.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF REMEDIES
Your sole remedy under this Statement of Limited Warranty is set forth in this Section. For any claim
concerning performance or nonperformance by IBM, an IBM Authorized Dealer, or an IBM Authorized
Industry Remarketer for this Machine under this Statement of Limited Warranty, you may recover actual
damages up to the limit set forth in the following paragraph.
IBM's liability for actual damages from any cause whatsoever will be limited to the greater of 1) $100,000
or 2) the amount you paid for the Machine which caused the damages. This limitation of liability will not
apply to claims for personal injury or damage to real property or tangible personal property for which IBM
is legally liable. In no event will IBM be liable to you for any damages caused by your failure to fulfill your
responsibilities under this Statement of Limited Warranty. In no event will IBM be liable for any lost profits,
lost savings, incidental damages, or other consequential damages. This is true even if you advised IBM or
a Remarketer of the possibility of such damages. IBM is not liable for any claim by you based on any third
party claim.
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