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When warranty service involves the exchange of a Machine or part, the item IBM or your reseller replaces becomes its property and the
replacement becomes yours. You represent that all removed items are genuine and unaltered. The replacement may not be new, but will be in
good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty service status of the replaced
item.
Any feature, conversion, or upgrade IBM or your reseller services must be installed on a Machine which is 1) for certain Machines, the
designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade. Many features,
conversions, or upgrades involve the removal of parts and their return to IBM. A part that replaces a removed part will assume the warranty
service status of the removed part.
Before IBM or your reseller exchanges a Machine or part, you agree to remove all features, parts, options, alterations, and attachments not under
warranty service.
You also agree to:
1.
ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange;
2.
obtain authorization from the owner to have IBM or your reseller service a Machine that you do not own; and
3.
where applicable, before service is provided
a.
follow the problem determination, problem analysis, and service request procedures that IBM or your reseller provides,
b.
secure all programs, data, and funds contained in a Machine,
c.
provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit them to fulfil their obligations,
and
d.
inform IBM or your reseller of changes in a Machine's location
IBM is responsible for loss of, or damage, to, your Machine while it is 1) in IBM's possession or 2) in transit in
those cases where IBM is responsible for the transportation charges.
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
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.
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 POSSIBLITY. 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
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