IBM 22P6972 - Manual (Page 34)

return all defective CRUs to IBM within 30 days of your receipt of the replacement CRU. You are
responsible for downloading designated Machine Code and Licensed Internal Code updates from an IBM
Internet Web site or from other electronic media, and following the instructions that IBM provides.
When warranty service involves the exchange of a Machine or part, the item IBM or your reseller
replaces becomes its property and the replacement becomes yours. You represent that all removed items
are genuine and unaltered. The replacement may not be new, but will be in good working order and at
least functionally equivalent to the item replaced. The replacement assumes the warranty service status of
the replaced item. Many features, conversions, or upgrades involve the removal of parts and their return
to IBM. A part that replaces a removed part will assume the warranty service status of the removed part.
Before IBM or your reseller exchanges a Machine or part, you agree to remove all features, parts, options,
alterations, and attachments not under warranty service.
You also agree to
1.
ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange;
2. obtain authorization from the owner to have IBM or your reseller service a Machine that you do not
own; and
3. where applicable, before service is provided:
a.
follow the problem determination, problem analysis, and service request procedures 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 your facilities to permit them
to fulfill their obligations; and
d. 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’s possession or 2) in
transit in those cases where IBM is responsible for the transportation charges.
Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personal
information contained in a Machine which you return to IBM or your reseller for any reason. You should
remove all such information from the Machine prior to its return.
Limitation of Liability: Circumstances 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 of the basis on
which you are entitled to claim damages from IBM (including fundamental breach, negligence,
misrepresentation, or other contract or tort claim), except for any liability that cannot be waived or
limited by applicable laws, IBM is liable for no more than
1.
damages for bodily injury (including death) and damage to real property and tangible personal
property; and
2. the amount of any other actual direct damages, up to the charges (if recurring, 12 months’ charges
apply) for the Machine that is subject of the claim. For purposes of this item, the term “Machine”
includes Machine Code and Licensed Internal Code.
This limit also applies to IBM’s suppliers and your reseller. It is the maximum for which IBM, its
suppliers, 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 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 CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR
RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
D-4 IBM Multi-Burner User’s Guide