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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 fulfill 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 LiabilityCircumstances 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 POSSIBILITY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
Appendix B. Product warranties and notices 51