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Exchange of a Machine or Part
When the warranty 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.
Your Additional Responsibilities
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:
1. ensure that the Machine is free of any legal obligations or restrictions that prevent
its exchange;
2.
obtain authorization from the owner to have IBM or your reseller service a Machine
that you do not own; and
3.
where applicable, before service is provided:
a.
follow the service request procedures that IBM or your reseller provides;
b.
backup or secure all programs, data, and funds contained in the Machine;
c. IBM or your reseller with sufficient, free, and safe access to your facilities to permit
IBM to fulfill its obligations; and
d.
inform IBM or your reseller of changes in the Machine's location.
4.
(a) ensure all information about identified or identifiable individuals (Personal Data)
is deleted from the Machine (to the extent technically possible), (b) allow IBM, your
reseller or an IBM supplier to process on your behalf any remaining Personal Data
as IBM or your reseller considers necessary to fulfill its obligations under this Statement
of Limited Warranty (which may include shipping the Machine for such processing
to other IBM service locations around the world), and (c) ensure that such processing
complies with any laws applicable to such Personal Data.
Limitation of Liability
IBM is responsible for loss of, or damage to, your Machine only while it is 1) in IBM's
possession or 2) in transit in those cases where IBM is responsible for the transportation
charges.
Neither IBM nor your reseller are responsible for any of your confidential, proprietary
or personal information contained in a Machine which you return to IBM for any reason.
You should remove all such information from the Machine prior to its return.
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), except for any liability that
cannot be waived or limited by applicable laws, IBM is liable for no more than
=< C. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002
C-3
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