IBM eServer 370 xSeries User Reference Manual Download

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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.

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.

Machine -

IBM

xSeries 370

Warranty Period* -

Three Years

*Contact your place of purchase for warranty service information. Some
IBM Machines are eligible for On-site warranty service depending on the
country where service is performed.

The IBM Warranty for Machines

IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms
to IBM's Official Published Specifications. The warranty period for a Machine is a specified, fixed period
commencing on its Date of Installation. The date on your sales receipt is the Date of Installation, unless
IBM or your reseller informs you otherwise.

Appendix A. Product warranties and notices

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