IBM eServer 240 xSeries User Reference Manual

Also see for eServer 240 xSeries: Configuration and options guide

Contents

Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personalinformation contained in a Machine which you return to IBM or your reseller for any reason. You shouldremove all such information from the Machine prior to its return.Production StatusEach IBM Machine is manufactured from new parts, or new and used parts. In some cases, theMachine may not be new and may have been previously installed. Regardless of the Machine'sproduction status, IBM's appropriate warranty terms apply.Limitation of LiabilityCircumstances may arise where, because of a default on IBM's part or other liability, you are entitled torecover damages from IBM. In each such instance, regardless of the basis on which you are entitled toclaim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contractor tort claim), IBM is liable for no more than1. damages for bodily injury (including death) and damage to real property and tangible personalproperty; and2. the amount of any other actual direct damages, up to the greater of U.S. $100,000 (or equivalent inlocal currency) or the charges (if recurring, 12 months' charges apply) for the Machine that is thesubject of the claim.This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, itssuppliers, 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 UNDERTHE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS ORDATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANYECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS),EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIRPOSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVELIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.IBM Statement of Warranty Worldwide except Canada, Puerto Rico,Turkey, United States (Part 1 - General Terms)This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-unique Terms. Theterms of Part 2 may replace or modify those of Part 1. The warranties provided by IBM in thisStatement of Warranty apply only to Machines you purchase for your use, and not for resale, from IBMor your reseller. The term “Machine” means an IBM machine, its features, conversions, upgrades,elements, or accessories, or any combination of them. The term “Machine” does not include anysoftware programs, whether pre-loaded with the Machine, installed subsequently or otherwise. UnlessIBM specifies otherwise, the following warranties apply only in the country where you acquire theMachine. Nothing in this Statement of Warranty affects any statutory rights of consumers that cannot bewaived or limited by contract. If you have any questions, contact IBM or your reseller.Machine - IBM xSeries 240Warranty Period* - Three Years*Contact your place of purchase for warranty service information. SomeIBM Machines are eligible for On-site warranty service depending on thecountry where service is performed.The IBM Warranty for MachinesIBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conformsto IBM's Official Published Specifications. The warranty period for a Machine is a specified, fixed periodcommencing on its Date of Installation. The date on your sales receipt is the Date of Installation, unlessIBM or your reseller informs you otherwise.Appendix B. Product warranties and notices 181