Справочник Пользователя для IBM EtherLink XL
When a type of 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. 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 ensure that the Machine is free of any legal obligations or restrictions that prevent its
exchange.
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. 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 ensure that the Machine is free of any legal obligations or restrictions that prevent its
exchange.
You agree to:
1 obtain authorization from the owner to have IBM or your reseller service a Machine that you do not
own; and
2 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, and
c 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.
transit in those cases where IBM is responsible for the transportation charges.
E
XTENT
OF
W
ARRANTY
IBM does not warrant uninterrupted or error-free operation of a Machine.
The warranties may be voided by misuse, accident, modification, unsuitable physical or operating
environment, improper maintenance by you, removal or alteration of Machine or parts identification
labels, or failure caused by a product for which IBM is not responsible.
environment, improper maintenance by you, removal or alteration of Machine or parts identification
labels, or failure caused by a product for which IBM is not responsible.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
NOT APPLY TO YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN DURATION TO THE
WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
NOT APPLY TO YOU. IN THAT EVENT SUCH WARRANTIES ARE LIMITED IN DURATION TO THE
WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
L
IMITATION
OF
L
IABILITY
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 only for:
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 only for:
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 or loss, up to the greater of U.S. $100,000 or the
charges (if recurring, 12 months’ charges apply) for the Machine that is the subject of the claim.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS
AGAINST YOU FOR LOSSES OR 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 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 EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
AGAINST YOU FOR LOSSES OR 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 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 EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.