IBM eserver xSeries 330 - Manual (Page 58)

46 IBM® xSeries 330: Installation Guide
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.
Part 2 - 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.