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Exchange of a Machine or Part
When the 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.
Your Additional Responsibilities
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 service request procedures that IBM or your reseller provides;
b. backup or secure all programs, data, and funds contained in the Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit
IBM to fulfill its obligations; and
d. inform IBM or your reseller of changes in the Machine's location.
4. (a) ensure all information about identified or identifiable individuals (Personal Data) is deleted
from the Machine (to the extent technically possible), (b) allow IBM, your reseller or an IBM
supplier to process on your behalf any remaining Personal Data as IBM or your reseller considers
necessary to fulfill its obligations under this Statement of Limited Warranty (which may include
shipping the Machine for such processing to other IBM service locations around the world), and (c)
ensure that such processing complies with any laws applicable to such Personal Data.
Limitation of Liability
IBM is responsible for loss of, or damage to, your Machine only 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 are responsible for any of your confidential, proprietary or personal
information contained in a Machine which you return to IBM for any reason. You should remove all
such information from the Machine prior to its return.
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), except for any liability that cannot be waived or limited by applicable laws, 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 charges (if recurring, 12 months' charges
apply) for the Machine that is subject of the claim. For purposes of this item, the term “Machine”
includes Machine Code and Licensed Internal Code (“LIC”).
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, ITS SUPPLIERS OR RESELLERS LIABLE FOR
ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD