IBM Statement of Limited Warranty for United States, Puerto Rico, and Canada (Part 1 - General Terms)
This Statement of Limited 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 Limited 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 Netfinity ServeRAID-3H or ServeRAID-3L Ultra2 SCSI Adapter
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
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.
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.
Items Not Covered by Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Unless specified otherwise, IBM provides non-IBM machines WITHOUT WARRANTIES OF ANY KIND.
Any technical or other support provided for a Machine under warranty, such as assistance via telephone with 'how-to' questions and those regarding Machine set-up
and installation, will be provided WITHOUT WARRANTIES OF ANY KIND.
Warranty Service
To obtain warranty service for the Machine, contact your reseller or IBM.
In the United States, call IBM at 1-800-772-2227.
In Canada, call IBM at 1-800-565-3344.
You may be required to present proof of purchase.
IBM or your reseller provides certain types of repair and exchange service, either at
your location or at a service center, to keep Machines in, or restore them to,
conformance with their Specifications.
IBM or your reseller will inform you of the available types of service for a Machine based on its country of installation.
IBM may repair the failing Machine or exchange it at its discretion.
When 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.
Any feature, conversion, or upgrade IBM or your reseller services must be installed on a Machine which is
and
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.
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
IBM is responsible for loss of, or damage to, your Machine while it is
or
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
and
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:
OR
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.
Please see the LEGAL - Trademark notice.
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