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 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
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.
During the warranty period IBM or your reseller, if approved by IBM to provide warranty service, will provide repair and exchange service for the Machine, without charge, under the type of service designated for the Machine and will manage and install engineering changes that apply to the Machine.
If a Machine does not function as warranted during the warranty period, and IBM or your reseller are unable to either
The replacement may not be new, but will be in good working order.
Extent of Warranty
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible.
The warranty is voided by removal or alteration of Machine or parts identification labels.
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.
To obtain warranty service for the Machine, contact your reseller or IBM.
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 centre, 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
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
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.
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
(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:
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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