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
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.
Part2-Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is
added to this Section: The warranties specified in this Section are in addition to
any rights you may have under the Trade Practices Act 1974 or other legislation
and are only limited to the extent permitted by the applicable legislation.
92 IntelliStation M Pro: User Guide
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