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
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 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 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
Appendix D. Product warranties and notices 89
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