IBM NetVista X40 User Manual

Contents

3. where applicable, before service is provideda. follow the problem determination, problem analysis, and service requestprocedures 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 yourfacilities to permit them to fulfill their obligations, andd. 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’spossession or 2) in transit in those cases where IBM is responsible for thetransportation charges.Neither IBM nor your reseller is responsible for any of your confidential,proprietary or personal information contained in a Machine which you return toIBM or your reseller for any reason. You should remove all such information fromthe Machine prior to its return.Production Status Each IBM Machine is manufactured from new parts, or new andused parts. In some cases, the Machine may not be new and may have beenpreviously installed. Regardless of the Machine’s production status, IBM’sappropriate warranty terms apply.Limitation of Liability Circumstances may arise where, because of a default onIBM’s part or other liability, you are entitled to recover damages from IBM. In eachsuch instance, regardless of the basis on which you are entitled to claim damagesfrom IBM (including fundamental breach, negligence, misrepresentation, or othercontract or tort claim), IBM is liable for no more than1. damages for bodily injury (including death) and damage to real property andtangible personal property; and2. 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, 12months’ 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 maximumfor which IBM, its suppliers, and your reseller are collectively responsible.UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THEFOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSSOF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL,INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMICCONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS),EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OFTHEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLYTO YOU.Part 2 - Worldwide Country-Unique TermsASIA PACIFICAUSTRALIA: The IBM Warranty for Machines: The following paragraph isadded to this Section: The warranties specified in this Section are in addition toany rights you may have under the Trade Practices Act 1974 or other legislationand are only limited to the extent permitted by the applicable legislation.124 IBM®IntelliStation®E Pro: User’s Guide IntelliStation E Pro Types 6836, 6846