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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,
b. provide IBM or your reseller with sufficient, free, and safe access to your facilities to
permit them to fulfill their obligations, 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.
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 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.
IBM Statement of Warranty Worldwide except Canada,
Puerto Rico, Turkey, United States (Part 1 -General Terms)
This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-unique Terms.
The terms of Part 2 may replace or modify those of Part 1 . The warranties provided by IBM
in this Statement of Warranty apply only to Machines you purchase for your use, and not for
resale, from IBM or your reseller. The term “Machine” means an IBM machine, its features,
conversions, upgrades, elements, or accessories, or any combination of them. The term
“Machine” does not include any software programs, whether pre-loaded with the Machine,