IBM eServer 240 xSeries User Reference Manual

Also see for eServer 240 xSeries: Configuration and options guide

Contents

The following item is added to this paragraph:3. breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of theSupply of Goods and Services Act 1982.Applicability of suppliers and resellers (unchanged).The following is added to the end of this Section:IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will belimited to damages.NORTH AMERICACANADA: Warranty Service: The following is added to this Section:To obtain warranty service from IBM, call 1-800-565-3344. In Toronto, call 416-383-3344.UNITED STATES OF AMERICA: Warranty Service: The following is added to this Section:To obtain warranty service from IBM, call 1-800-772-2227.ASIA PACIFICAUSTRALIA: 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 TradePractices Act 1974 or other legislation and are only limited to the extent permitted by the applicablelegislation.Extent of Warranty: The following replaces the first and second sentences of this Section:The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident,modification, unsuitable physical or operating environment, operation in other than the SpecifiedOperating Environment, improper maintenance by you, or failure caused by a product for which IBM isnot 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 Act 1974, IBM'sliability is limited to the repair or replacement of the goods or the supply of equivalent goods. Wherethat condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of akind ordinarily acquired for personal, domestic or household use or consumption, then none of thelimitations in this paragraph apply.PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added to this Statement: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 and tangible personal propertywill be limited to that caused by IBM's negligence;2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to,or in any way related to the subject of this Statement of Warranty, IBM's liability will be limited to thecharge paid by you for the individual Machine that is the subject of the claim.NEW ZEALAND: 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 ConsumerGuarantees Act 1993 or other legislation which cannot be excluded or limited. The ConsumerGuarantees Act 1993 will not apply in respect of any goods which IBM provides, if you require the goodsfor the purposes of a business 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 ConsumerGuarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.EUROPE, MIDDLE EAST, AFRICA (EMEA)The following terms apply to all EMEA countries.The terms of this Statement of Warranty apply to Machines purchased from an IBM reseller. If youpurchased this Machine from IBM, the terms and conditions of the applicable IBM agreement prevailover this warranty statement.186 IBM xSeries User's Reference