IBM 10/100 EtherJet User Manual page 44

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
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.
Part 2 - Worldwide Country-Unique Terms
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:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's liability is
limited to the repair or replacement of the goods or the supply of equivalent goods. Where that condition or
warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired for
personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
PEOPLE'S REPUBLIC OF CHINA: Governing law: The following is added to this Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of liability: The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real property and tangible personal property will be
limited to that caused by IBM's negligence;
2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in
any way related to the subject of this Statement of Warranty, IBM's liability will be limited to the charge paid
by you for the individual Machine that is the subject of the claim.
NEW ZEALAND: The IBM warranty for machines: The following paragraph is added to this Section:
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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.