IBM eServer 350 xSeries Installation Manual

Also see for eserver xSeries 350: User reference guide

Appendix A. Warranties and notices 33upgrade. Many features, conversions, or upgrades involve the removal of parts andtheir return to IBM. A part that replaces a removed part will assume the warrantyservice status of the removed part.Before IBM or your reseller exchanges a Machine or part, you agree to remove allfeatures, parts, options, alterations, and attachments not under warranty service.You also agree to1. ensure that the Machine is free of any legal obligations or restrictions that preventits exchange;2. obtain authorization from the owner to have IBM or your reseller service aMachine that you do not own; and3. 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, proprietaryor personal information contained in a Machine which you return to IBM or yourreseller for any reason. You should remove all such information from the Machineprior to its return.Production StatusEach IBM Machine is manufactured from new parts, or new and used parts. In somecases, the Machine may not be new and may have been previously installed.Regardless of the Machine’s production status, IBM’s appropriate warranty termsapply.Limitation of LiabilityCircumstances 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 ofthe basis on which you are entitled to claim damages from IBM (includingfundamental breach, negligence, misrepresentation, or other contract 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, 12 months’ chargesapply) 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 forwhich 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) 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.