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This Statement of Limited 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 Umited 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, installed subsequently or otherwise. Unless IBM specifies otherwise,
the following warranties apply only in the country where you acquire the
Machine. Nothing in this Statement of Warranty affects any statutcry rights of
consumers that cannot be waived or limited by contract. If you have any
questions, contact IBM or your reseller.
Machine - IBM Netfinity Automatic Bus Transfer Option
Warranty Period* - Three Years
* Contact your place of purchase for warranty service information. Some IBM
Machines are eligible for On-site warranty service depending on the countiy
where service is performed.
The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials and
workmanship and 2) conforms to IBM's Official Published Specifications. The
warranty period for a Machine is a specified, fixed period commencing on its
Date of Installation. The date on your sales receipt is the Date of
Installation, unless IBM or your reseller informs you otherwise.
During the warranty period IBM or your reseller, if approved by IBM to provide
warranty service, will provide repair and exchange service for the Machine,
without charge, under the type of service designated for the Machine and will
manage and install engineering changes that apply to the Machine.
If a Machine does not function as warranted during the warranty period, and IBM
or your reseller are unable to either 1) make it do so or 2) replace it with
one that is at least functionally equivalent, you may return it to your place
of purchase and your money will be refunded. The replacement may not be new,
but will be in good working order.
Extent of Warranty
The warranty does not cover the repair or exchange of a Machine resulting from
misuse, accident, modification, unsuitable physical or operating environment,
improper maintenance by you, or failure caused by a product for which IBM is
not responsible. The warranty is voided by removal or alteration of Machine or
parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND 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.
Items Not Covered by Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Unless specified otherwise, IBM provides non-IBM machines WITHOUT WARRANTIES
OF ANY KIND.
Any technical or other support provided for a Machine under warranty, such as
assistance via telephone with "how-to" questions and those regarding Machine
set-up and installation, will be provided WITHOUT WARRANTIES OF ANY KIND.
Warranty Service
To obtain warranty service for the Machine, contact your reseller or 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 provides certain types of repair and exchange service,
either at your location or at a service center, to keep Machines in, or restore
them to, conformance with their Specifications. IBM or your reseller will
inform you of the available types of service for a Machine based on its country
of installation. IBM may repair the failing Machine or exchange it at its
discretion.
When 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.
Any feature, conversion, or upgrade IBM or your reseller services must be
installed on a Machine which is 1) for certain Machines, the designated,
serial-numbered Machine and 2) at an engineering-change level compatible with
the feature, conversion, or upgrade. Many features, conversions, or upgrades
involve the removal of parts and their return to IBM. A part that replaces a
removed part will assume the warranty service status of the removed part.
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
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
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.
Please see the LEGAL - Trademark notice.
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