Appendix B.
IBM Statement of Limited Warranty
Z125-4753-08 04/2004
Part 1 General Terms
Part 1 General Terms
This Statement of Limited Warranty includes Part 1 General Terms, Part 2 -
Country-unique Terms, and Part 3 Warranty Information.
The terms of Part 2 replace or modify those of Part 1.
The warranties provided by IBM in this Statement of Limited Warranty apply only to Machines you purchase for your use, and not for resale.
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.
Nothing in this Statement of Limited
Warranty affects any statutory rights of consumers that cannot be waived or limited by contract.
What this Warranty Covers
IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms to IBM’s Official Published Specifications
(“Specifications”) which are available on request.
The warranty period for the
Machine starts on the original Date of Installation and is specified in Part 3 -
Warranty Information.
The date on your invoice or sales receipt is the Date of
Installation unless IBM or your reseller informs you otherwise.
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.
Unless IBM specifies otherwise, these warranties apply only in the country or region in which you purchased the Machine.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND
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.
SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO
THE WARRANTY PERIOD.
NO WARRANTIES APPLY AFTER THAT
PERIOD.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
© Copyright IBM Corp.
2005
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What this Warranty Does not Cover
This warranty does not cover the following: v any software programs, whether pre-loaded or shipped with the Machine, or installed subsequently; v failure resulting from misuse (including but not limited to use of any
Machine capacity or capability, other than that authorized by IBM in writing), accident, modification, unsuitable physical or operating environment, or improper maintenance by you; v failure caused by a product for which IBM is not responsible; and v any non-IBM products, including those that IBM may procure and provide with or integrate into an IBM Machine at your request.
The warranty is voided by removal or alteration of identification labels on the
Machine or its parts.
IBM does not warrant uninterrupted or error-free operation of a Machine.
Any technical or other support provided for a Machine under warranty, such as assistance with “how-to” questions and those regarding Machine set-up and installation, is provided WITHOUT WARRANTIES OF ANY KIND .
How to Obtain Warranty Service
If the Machine does not function as warranted during the warranty period, contact IBM or your reseller to obtain warranty service.
If you do not register the Machine with IBM, you may be required to present proof of purchase as evidence of your entitlement to warranty service.
What IBM Will Do to Correct Problems
When you contact IBM for service, you must follow the problem determination and resolution procedures that IBM specifies.
An initial diagnosis of your problem can be made either by a technician over the telephone or electronically by access to an IBM website.
The type of warranty service applicable to your Machine is specified in Part 3 -
Warranty Information.
You are responsible for downloading and installing designated Machine Code
(microcode, basic input/output system code (called “BIOS”), utility programs, device drivers, and diagnostics delivered with an IBM Machine) and other software updates from an IBM Internet Web site or from other electronic media, and following the instructions that IBM provides.
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Installation and User’s Guide for HS20/HS40 and JS20 Fibre Channel expansion cards
If your problem can be resolved with a Customer Replaceable Unit (“CRU”)
(e.g., keyboard, mouse, speaker, memory, hard disk drive), IBM will ship the
CRU to you for you to install.
If the Machine does not function as warranted during the warranty period and your problem cannot be resolved over the telephone or electronically, through your application of Machine Code or software updates, or with a CRU, IBM or your reseller, if approved by IBM to provide warranty service, will either, at its discretion, 1) repair it to make it function as warranted, or 2) replace it with one that is at least functionally equivalent.
If IBM is unable to do either, you may return the Machine to your place of purchase and your money will be refunded.
IBM or your reseller will also manage and install selected engineering changes that apply to the Machine.
Exchange of a Machine or Part
When the 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.
Your Additional Responsibilities
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 service request procedures that IBM or your reseller provides; b.
backup or secure all programs, data, and funds contained in the
Machine; c.
provide IBM or your reseller with sufficient, free, and safe access to your facilities to permit IBM to fulfill its obligations; and d.
inform IBM or your reseller of changes in the Machine’s location.
4.
(a) ensure all information about identified or identifiable individuals
(Personal Data) is deleted from the Machine (to the extent technically
Appendix B.
IBM Statement of Limited Warranty Z125-4753-08 04/2004
33
possible), (b) allow IBM, your reseller or an IBM supplier to process on your behalf any remaining Personal Data as IBM or your reseller considers necessary to fulfill its obligations under this Statement of Limited Warranty
(which may include shipping the Machine for such processing to other IBM service locations around the world), and (c) ensure that such processing complies with any laws applicable to such Personal Data.
Limitation of Liability
IBM is responsible for loss of, or damage to, your Machine only 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 are responsible for any of your confidential, proprietary or personal information contained in a Machine which you return to IBM for any reason.
You should remove all such information from the
Machine prior to its return.
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 (“LIC”).
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, ITS SUPPLIERS OR RESELLERS
LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)
LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; OR 4) LOST PROFITS, BUSINESS REVENUE, GOODWILL OR
ANTICIPATED SAVINGS.
SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
SOME STATES OR
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Installation and User’s Guide for HS20/HS40 and JS20 Fibre Channel expansion cards
