IBM 10/100 EtherJet User Manual page 42

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.
IBM Statement of Warranty Worldwide except Canada, Puerto Rico,
Turkey, United States (Part 1 - General Terms)
This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-Unique Terms. The terms of
Part 2 may replace or modify those of Part 1. The warranties provided by IBM in this Statement of Warranty
apply only to Machines you purchase for your use, and not for resale, from IBM or your reseller. The term
"Machine" means an IBM machine, its features, conversions, upgrades, elements, or accessories, or any
combination of them. The term "Machine" does not include any software programs, whether pre-loaded with the
Machine, installed subsequently or otherwise. Unless IBM specifies otherwise, the following warranties apply
only in the country where you acquire the Machine. Nothing in this Statement of Warranty affects any statutory
rights of consumers that cannot be waived or limited by contract. If you have any questions, contact IBM or your
reseller.
Machine - IBM 10/100 EtherJet Mini-PCI Adapter with 56K Modem
Warranty Period* - One year
*Contact your place of purchase for warranty service information. Some IBM Machines are eligible for on-site warranty service
depending on the country where service is performed.
The IBM warranty for machines
IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms to
IBM's Official Published Specifications. The warranty period for a Machine is a specified, fixed period
commencing on its Date of Installation. The date on your sales receipt is the Date of Installation, unless IBM
or your reseller informs you otherwise.
During the warranty period IBM or your reseller, if approved by IBM to provide warranty service, will provide
repair and exchange service for the Machine, without charge, under the type of service designated for the
Machine and will manage and install engineering changes that apply to the Machine.
If a Machine does not function as warranted during the warranty period, and IBM or your reseller are unable to
either 1) make it do so or 2) replace it with one that is at least functionally equivalent, you may return it to your
place of purchase and your money will be refunded. The replacement may not be new, but will be in good
working order.
Extent of warranty
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification,
unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for
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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.