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During the warranty period, IBM or your reseller, if approved by IBM to provide
warranty service, provides without charge certain types of repair and exchange
service to keep Machines in, or restore them to, conformance with their
Specifications. IBM or your reseller will inform you of the available types of service
for a Machine based on its country of installation. At its discretion, IBM or your
reseller will 1) either repair or exchange the failing Machine and 2) provide the
service either at your location or a service center. IBM or your reseller will also
manage and install selected engineering changes that apply to the Machine. Some
parts of IBM Machines are designated as Customer Replaceable Units (called
"CRUs"), e.g., keyboards, memory, or hard disk drives. IBM ships CRUs to you for
replacement by you. You must return all defective CRUs to IBM within 30 days of
your receipt of the replacement CRU. You are responsible for downloading
designated Machine Code and Licensed Internal Code updates from an IBM
Internet Web site or from other electronic media, and following the instructions that
IBM provides. When 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. Many features, conversions, or upgrades
involve the removal of parts and their return to IBM. A part that replaces a removed
part will assume the warranty service status of the removed part. 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
2. obtain authorization from the owner to have IBM or your reseller service a
3. where applicable, before service is provided:
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. Neither IBM nor your reseller is responsible for any of your
confidential, proprietary or personal information contained in a Machine which you
return to IBM or your reseller for any reason. You should remove all such
information from the Machine prior to its return.
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), except for any liability that cannot be waived or limited by applicable
laws, IBM is liable for no more than
1. damages for bodily injury (including death) and damage to real property and
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prevent its exchange;
Machine that you do not own; and
a. follow the problem determination, problem analysis, and service request
procedures that IBM or your reseller provides;
b. secure all programs, data, and funds contained in a Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to your
facilities to permit them to fulfill their obligations; and
d. inform IBM or your reseller of changes in a Machine's location.
tangible personal property; and
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