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.
IBM Statement of Warranty Worldwide except Canada,
Puerto Rico, Turkey, United States (Part 1 - General
Terms)
This Statement of Warranty includes Part 1 - General Terms and Part 2 - Country-unique
Terms. The terms of Part 2 may replace or modify those of Part 1. The warranties
provided by IBM in this Statement of Warranty apply only to Machines you purchase for
your use, and not for resale, from IBM or your reseller. The term “Machine” means an IBM
machine, its features, conversions, upgrades, elements, or accessories, or any combination of
them. The term “Machine” does not include any software programs, whether pre-loaded with
the Machine, installed subsequently or otherwise. Unless IBM specifies otherwise, the
following warranties apply only in the country where you acquire the Machine. Nothing in
this Statement of Warranty affects any statutory rights of consumers that cannot be waived
or limited by contract. If you have any questions, contact IBM or your reseller.
138
PC 300GL User Guide
Summary of Contents for 628791U - PC 300 GL
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