This section sets out the extent of IBM's liability and your sole remedy.
1. IBM will accept unlimited liability for:
2. IBM will accept unlimited liability, subject always to the Items for Which IBM is
3. IBM's entire liability for actual damages for any one Default will not in any event,
These limits also apply to IBM's suppliers and resellers. They state the maximum
for which IBM and such suppliers and resellers are collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above, under no
circumstances is IBM or any of its suppliers or resellers liable for any of the
following, even if IBM or they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
Part 3 - Warranty Information
This Part 3 provides information regarding the warranty applicable to your Machine,
including the warranty period and type of warranty service IBM provides.
Warranty Period
The warranty period may vary by country or region and is specified in the table
below.
Note: "Region" means either Hong Kong or Macau Special Administrative Region
of China.
A warranty period of 3 years on parts and 1 year on labor means that IBM provides
warranty service without charge for:
1. parts and labor during the first year of the warranty period; and
2. parts only, on an exchange basis, in the second and third years of the warranty
Machine types 1700 and 1701
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IBM TotalStorage DS300 and DS400: Hardware Installation and User's Guide
a. death or personal injury caused by the negligence of IBM; and
b. any breach of its obligations implied by Section 12 of the Sale of Goods Act
1979 or Section 2 of the Supply of Goods and Services Act 1982, or any
statutory modification or re-enactment of either such Section.
Not Liable below, for physical damage to your tangible property resulting from
the negligence of IBM.
except as provided in items 1 and 2 above, exceed the greater of 1) Pounds
Sterling 75,000, or 2) 125% of the total purchase price payable or the charges
for the Machine directly relating to the Default.
period. IBM will charge you for any labor provided in performance of the repair
or replacement(s) in the second and third year of the warranty period.
Country or Region of
Purchase
Worldwide
* See "Types of Warranty Service" for the legend and explanations of warranty-service
types.
Warranty Period
1 year
Type of Warranty Service*
5