IBM eServer 220 xSeries Installation Manual

Also see for 220: Service guide Configuration and options guide Hardware Maintenance Manual

Contents

Appendix A. Product warranties and notices 55UNDER 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) LOSS OF,OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL,OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIALDAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITSSUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.Part 2 - Worldwide Country-Unique TermsASIA PACIFICAUSTRALIA: The IBM Warranty for Machines: The following paragraph is addedto this Section:The warranties specified in this Section are in addition to any rights you may haveunder the Trade Practices Act 1974 or other legislation and are only limited to theextent permitted by the applicable legislation.Extent of Warranty: The following replaces the first and second sentences of thisSection:The warranty does not cover the repair or exchange of a Machine resulting frommisuse, accident, modification, unsuitable physical or operating environment,operation in other than the Specified Operating Environment, improper maintenanceby you, or failure caused by a product for which IBM is not responsible.Limitation of Liability: The following is added to this Section:Where IBM is in breach of a condition or warranty implied by the Trade Practices Act1974, IBM’s liability is limited to the repair or replacement of the goods or the supplyof equivalent goods. Where that condition or warranty relates to right to sell, quietpossession or clear title, or the goods are of a kind ordinarily acquired for personal,domestic or household use or consumption, then none of the limitations in thisparagraph apply.PEOPLE’S REPUBLIC OF CHINA: Governing Law: The following is added to thisStatement:The laws of the State of New York govern this Statement.INDIA: Limitation of Liability: The following replaces items 1 and 2 of this Section:1. liability for bodily injury (including death) or damage to real property andtangible personal property will be limited to that caused by IBM’s negligence;2. as to any other actual damage arising in any situation involving nonperformanceby IBM pursuant to, or in any way related to the subject of this Statement ofWarranty, IBM’s liability will be limited to the charge paid by you for theindividual Machine that is the subject of the claim.NEW ZEALAND: The IBM Warranty for Machines: The following paragraph isadded to this Section:The warranties specified in this Section are in addition to any rights you may haveunder the Consumer Guarantees Act 1993 or other legislation which cannot beexcluded or limited. The Consumer Guarantees Act 1993 will not apply in respect ofany goods which IBM provides, if you require the goods for the purposes of abusiness as defined in that Act.Limitation of Liability: The following is added to this Section:Where Machines are not acquired for the purposes of a business as defined in the