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 an IBM authorized reseller. The term "Machine" means an IBM machine, its features, conversions, upgrades, elements, or accessories, or any combination of them. Machines are subject to these terms only if purchased in the United States or Puerto Rico, or Canada, and located in the country of purchase. If you have any questions, contact IBM or your reseller.
Machine: IBM ThinkPad 560/E/X except the Battery Pack
Warranty Period*: One Year
*Elements and accessories are warranted for three months. Contact your place of purchase for warranty service information.
Each Machine is manufactured from new parts, or new and serviceable used parts (which perform like new 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
IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms to IBM's Official Published Specifications. IBM calculates the expiration of the warranty period from the Machine's 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 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. IBM or your reseller will specify the type of Service.
For a feature, conversion, or upgrade, IBM or your reseller may require that the Machine on which it is installed be 1) the designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade. Some of these transactions (called "Net-Priced" transactions) may include additional parts and associated replacement parts that are provided on an exchange basis. All removed parts become the property of IBM and must be returned to IBM.
Replacement parts assume the remaining warranty of the parts they replace.
If a Machine does not function as warranted during the warranty period, IBM or your reseller will repair or replace it (with a Machine that is at least functionally equivalent) without charge. If IBM or your reseller is unable to do so, 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.
To obtain warranty service for the Machine, you should contact your reseller or call IBM. In the United States, call IBM at 1-800-426-7378. In Canada, call IBM at 1-800-565-3344. You may be required to present proof of purchase.
Depending on the Machine, the service may be 1) a "Repair" service at your location (called "On-site") or at one of IBM's or a reseller's service locations (called "Carry-in") or 2) an "Exchange" service, either On-site or Carry-in.
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. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced.
It is your responsibility to:
- obtain authorization from the owner (for example, your lessor) to have IBM or your reseller service a Machine that you do not own;
- where applicable, before service is provided
- follow the problem determination, problem analysis, and service request procedures that IBM or your reseller provide,
- secure all programs, data, and funds contained in a Machine,
- inform IBM or your reseller of changes in a Machine's location, and
- for a Machine with exchange service, remove all features, parts, options, alterations, and attachments not under warranty service. Also, the Machine must be free of any legal obligations or restrictions that prevent its exchange; and
- be responsible for loss of, or damage to, a Machine in transit when you are responsible for the transportation charges.
Extent of Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Unless IBM specifies otherwise, IBM provides non-IBM machines on an "AS IS" basis. However, non-IBM manufacturers may provide their own warranties to you.
Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, removal of product labels or parts identification labels, or failure caused by a product for which IBM is not responsible may void the warranties.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part (including fundamental breach) or other liability (including negligence and misrepresentation), you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages, IBM is liable only for:
1. bodily injury (including death), and damage to real property and tangible personal property; and
2. the amount of any other actual loss or damage, up to the greater of $100,000 or the charge 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. economic consequential damages (including lost profits or savings) or incidental damages, even if IBM is informed of their Possibility.
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.
This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.