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Warranty
D-9
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 of the 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 CLAIM AGAINST YOU FOR DAMAGES (OTHER THAN THOSE
UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR
RECORDS OR DATA; 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.