IBM 09N4076 - Manual (Page 67)

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.
Production Status
Each IBM Machine is manufactured from new parts, or new and used parts. In some cases, the
Machine may not be new and may have been previously installed. Regardless of the Machine's
production status, IBM's appropriate warranty terms apply.
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), 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 greater of U.S. $100,000 (or
equivalent in local currency) or the charges (if recurring, 12 months' charges apply) 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 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 (INCLUDING LOST PROFITS OR 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.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: 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
Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the
applicable legislation.
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 Specified
Part 2: Appendixes 2-27