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You are responsible for downloading or obtaining from IBM, and installing
designated Machine Code (microcode, basic input/output system code (called
"BIOS"), utility programs, device drivers, and diagnostics delivered with an IBM
Machine) and other software updates in a timely manner from an IBM Internet
Web site or from other electronic media, and following the instructions that IBM
provides. You may request IBM to install Machine Code changes, however, you
may be charged for that service.
Some parts of IBM Machines are designated as Customer Replaceable Units
("CRUs"). If your problem can be resolved with a CRU (e.g., keyboard, memory,
hard disk drive), IBM will ship the CRU to you for you to install.
If the Machine does not function as warranted during the warranty period and
your problem cannot be resolved over the telephone or electronically, through your
application of Machine Code or software updates, or with a CRU, IBM or its
subcontractor or a reseller that has been approved by IBM to provide warranty
service, will either, at its discretion, 1) repair it to make it function as warranted, or
2) replace it with one that is at least functionally equivalent. If IBM or its
subcontractor or the reseller is unable to do either, you may return the Machine to
your place of purchase and your money will be refunded.
IBM or its subcontractor or the reseller will also manage and install selected
engineering changes that apply to the Machine.
Exchange of a Machine or Part
When the warranty service involves the exchange of a Machine or part, the item
IBM or its subcontractor or the reseller replaces becomes IBM's 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.
Your Additional Responsibilities
You agree:
1. before IBM or its subcontractor or the reseller exchanges a Machine or part, to
remove all features, parts, options, alterations, and attachments not under
warranty service and ensure that the Machine is free of any legal obligations or
restrictions that prevent its exchange;
2. to obtain authorization from the owner to have IBM or its subcontractor or the
reseller service a Machine that you do not own;
3. where applicable, before service is provided:
a. follow the service request procedures that IBM or its subcontractor or its
reseller provides;
b. backup and secure all programs, data, and funds contained in the Machine;
and
c. inform IBM or its subcontractor or the reseller of changes in the Machine's
location;
4. to provide IBM or its subcontractor or the reseller with sufficient and safe
access to your facilities to permit IBM to fulfill its obligations;
5. to allow IBM or its subcontractor or the reseller to install mandatory
engineering changes, such as those required for safety;
6. when the type of warranty service requires that you deliver a failing Machine
to IBM, you agree to ship it suitably packaged, as IBM specifies, to a location
IBM designates. After the Machine has been repaired or exchanged, IBM will
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
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