IBM eServer 350 xSeries Installation Manual

Also see for eserver xSeries 350: User reference guide

36 IBM xSeries 350: Installation GuideIBM 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.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.