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To obtain warranty service for the Machine, you should contact your reseller or
call IBM. In the United States, call IBM at 1-800-772-2227. In Canada, call
IBM at 1-800-565-3344. You may be required to present proof of purchase.
IBM or your reseller will provide certain types of repair and exchange service,
either at your location or at IBM's or your reseller's service center, to restore a
Machine to good working order.
When a type of 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. 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 ensure that the Machine is free of any legal obligations or restrictions
that prevent its exchange.
You agree to:
1. obtain authorization from the owner to have IBM or your reseller service a
Machine that you do not own; and
2. where applicable, before service is provided —
a. follow the problem determination, problem analysis, and service
request procedures that IBM or your reseller provide,
b. secure all programs, data, and funds contained in a Machine, and
c. 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.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable
physical or operating environment, improper maintenance by you, removal or
alteration of Machine or parts identification labels, or failure caused by a
product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
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 only for:
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 or loss, up to the greater of
U.S. $100,000 or the charges (if recurring, 12 months' charges apply) for
the Machine that is the subject of the claim.
3-32 IBM 2X/4X/24X CD-ReWritable Internal IDE Option Kit