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Document ID: DETR-3X8KCQ |
Aptiva - 2138 Statement of Limited Warranty (US/Canada)
Applicable to: Canada, United States
IBM 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.
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 MachineÆs production status, IBMÆs 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 IBMÆs
Official Published Specifications. 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 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, unaltered, and in good working order. 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.
Machine: Aptiva Personal Computer machine type 2138
Warranty Period*: One year
*Contact your place of purchase for warranty service information, or in the United States, call IBM at
1-800-772-2227. In Canada, call IBM at 1-800-565-3344.
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,
Machine and customer information.
IBM or your reseller will provide certain types of repair and exchange service, either at your location or at a service
center, to restore Machines 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 MachineÆs location.
IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBMÆs 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 will 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.
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 "AS IS" WITHOUT
WARRANTIES OF ANY KIND.
IBM provides non-IBM machines "AS IS" WITHOUT WARRANTIES OF ANY KIND.
Neither IBM nor its reseller will be responsible for any of your confidential, proprietary or personal information
contained in a Machine, which you return to IBM or its reseller for any reason. You should remove all such
information from the Machine prior to its return.
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 IBMÆs 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. $5,000 (or equivalent in local
currency) or the charges (if recurring, 12 monthsÆ 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.
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Search Keywords |
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Document Category |
Warranty | |
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Date Created |
10-08-98 | |
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Last Updated |
20-08-98 | |
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Revision Date |
19-08-99 | |
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Brand |
IBM Aptiva | |
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Product Family |
Aptiva | |
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Machine Type |
2138 | |
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Model |
E76; E7C; E86; E8C; E96 | |
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TypeModel |
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Retain Tip (if applicable) |
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