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Netfinity 7000 - Statement of Limited Warranty

Applicable to: United Kingdom, Puerto Rico

Warranty Statements
The following warranty statements are for the United States, Canada, Puerto Rico, and the United Kingdom.

United States, Canada, and Puerto Rico
The following is the statement of limited warranty for the United States, Canada, and Puerto Rico.

Statement of Limited Warranty
The warranties provided by IBM in this Statement of Limited Warranty apply only to Machines you originally 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. Unless IBM specifies otherwise, the following warranties apply only in the country where you acquire the Machine. If you have any questions, contact IBM or your reseller.

International Business Machines Corporation Armonk, New York, 10504

Machine: IBM Netfinity 7000
Warranty Period*: Three Years
*Contact your place of purchase for warranty service information.

Production Status
Each 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 warranty terms apply.

The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms to IBM's Official Published Specifications. The warranty period for a Machine is a specified, fixed period commencing on its Date of Installation. The date on your receipt is the Date of Installation, unless IBM or your reseller informs you otherwise.

During the warranty period IBM or your reseller, if authorized by IBM, will provide warranty service under the type of service designated for the Machine and will manage and install engineering changes that apply to the Machine.

For IBM or your reseller to provide warranty service for a feature, conversion, or upgrade, IBM or your reseller may require that the Machine on which it is installed be 1) for certain Machines, the designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade. Many of these transactions involve the removal of parts and their return to IBM. You represent that all removed parts are genuine and unaltered. A part that replaces a removed part will assume the warranty service status of the replaced part.

If a Machine does not function as warranted during the warranty period, IBM or your reseller will repair it or replace it with one that is at least functionally equivalent, without charge. The replacement may not be new, but will be in good working order. If IBM or your reseller is unable to repair or replace the Machine, you may return it to your place of purchase and your money will be refunded.

If you transfer a Machine to another user, warranty service is available to that user for the remainder of the warranty period. You should give your proof of purchase and this Statement to that user. However, for Machines which have a life-time warranty, this warranty is not transferable.

Warranty Service
To obtain warranty service for the Machine, you should contact your reseller or call 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 will provide certain types of repair and exchange service, either at your location or at IBM's or your reseller's service center, to restore a Machine to good working order.

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.

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 provide,
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.

Extent of Warranty
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.

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.

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 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.

United Kingdom
IBM warrants this IBM product to be in good working order and conforms to its officially published IBM specifications for a period of three years from the date of first purchase by an end-user customer.

Note: Batteries for Mobile products are limited to 1 year warranty.

Your sales receipt or authorised dated and stamped warranty service certificate is proof of your entitlement to warranty service.

If this product is not in good working order, IBM will, at its option, repair or replace this product at no additional charge except as set forth below. Repair parts and replacement products will be provided on an exchange basis and will be either new, equivalent to new or reconditioned. All replaced parts and products become the property of IBM. This warranty does not cover the repair of damage to the product resulting from:



IBM does not warrant that the functions in any preloaded program will meet your requirements or that the operations of the preloaded program will be uninterrupted or error free.

There is no other warranty whether express or implied. In case the exclusion of certain warranties would be precluded by applicable law, such warranties would be limited in duration to the warranty period stated above.

Warranty Performance
Warranty service may be obtained by returning the product during warranty period to an authorised IBM service provider and by providing proof of your warranty service entitlement. You are responsible for any associated transportation charges and insurance during shipment and return.

For a product purchased in a group A country (as defined), warranty service may be obtained from any authorised IBM service provider in any group A country; similarly for a product purchased in a group B country, warranty service may be obtained from any authorised IBM service provider in any group B country.

Group A Countries
Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland Italy, Ireland, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland and United Kingdom.

Group B Countries
Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Czechia, Russia, Armenia, Bellarus, Georgia, Kirghizia, Hungary, Kazakhstan, Macedonia, Moldova, Poland, Romania, Slovakia, Serbia-Montenegro, Slovenia, Ukraine.

On-Site Service
Some IBM products are sold with a service entitlement which is delivered on the customers premises (on-site). If the product you have purchased carries with it an entitlement to IBM on-site service, this service is provided during the warranty period subject to the following terms and conditions:



Liability
IBM shall have no liability for lost profits or other consequential damages, even if advised of the possibility of such damages, or for any claim by any third party. IBM's total liability for a breach or breaches of this warranty by IBM is limited to 100,000 US Dollars of direct damages. This financial limitation of liability will not apply to claims for death or personal injury or damage to real or personal property caused by IBM negligence.

General
No statements contained herein shall affect the statutory rights of consumers.

International Warranty Service
IBM International hardware warranty service is available for those customers, travelling to countries in which their PC products are announced and sold by IBM or IBM resellers, upon registering with IBM International Warranty Service Office. IBM International Warranty Service is provided subject to the terms and conditions of the IBM Warranty Statement provided with the product in the country of purchase. Service outside the country of purchase will be provided under local service procedures. Customers who wish to relocate their machine to another country and wish to obtain warranty service must first register with the International Warranty Service Office based in Greenock. The I.W.S.O. will offer advice on the warranty service available in the country or countries where the customer wishes to relocate and will issue an International Warranty Service Certificate upon proof of warranty status of the customers machine. Contact the I.W.S.O. on
Tel + 44 1475 893638
Fax + 44 1475 893732

Alternatively customers may register for International Warranty Service via their local IBM Office.

Notes:

  1. International Warranty Service is not available on IBM Options unless they are installed in or connected to an IBM System Unit which is registered for International Warranty Service.
  2. Customers are not required to register their machine for International Warranty Service if relocation is within the countries of Group A or Group B.



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Date Created

10-05-99

Last Updated

10-05-99

Revision Date

12-05-2000

Brand

IBM PC Server

Product Family

Netfinity 7000

Machine Type

All

Model

All

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