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Product Warranties And Notices; Part 1 - General Terms - IBM 10K3791 Important Information

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Product warranties and notices

IBM Statement of Limited
Warranty

Part 1 - General Terms

This Statement of Limited Warranty includes Part 1 - General Terms and
Part 2 - Country-unique Terms. The terms of Part 2 replace or modify those
of Part 1. The warranties provided by IBM in this Statement of Limited
Warranty apply only to Machines you 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. The term "Machine" does not include any
software programs, whether pre-loaded with the Machine, installed
subsequently or otherwise. Unless IBM specifies otherwise, the following
warranties apply only in the country where you acquire the Machine.
Nothing in this Statement of Limited Warranty affects any statutory rights
of consumers that cannot be waived or limited by contract. If you have any
questions, contact IBM or your reseller. The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials and
workmanship and 2) conforms to IBM's Official Published Specifications
("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.
If a Machine does not function as warranted during the warranty period,
and IBM or your reseller are unable to either 1) make it do so or 2) replace
it with one that is at least functionally equivalent, you may return it to your
place of purchase and your money will be refunded.
Extent of Warranty
The warranty does not cover the repair or exchange of a Machine resulting
from misuse, accident, modification, unsuitable physical or operating
environment, improper maintenance by you, or failure caused by a product
for which IBM is not responsible. The warranty is voided by removal or
alteration of Machine or parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES
AND 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
416-383-3344
1-800-565-3344
1-800-772-2227
Go to
http://www.ibm.com/pc/support/,
and click Support Phone List.
Z125-4753-06 8/2000
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES
APPLY AFTER THAT PERIOD.
Items Not Covered by Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
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 WITHOUT
WARRANTIES OF ANY KIND.
Warranty Service
To obtain warranty service for a Machine, contact IBM or your reseller . If
you do not register your Machine with IBM, you may be required to
present proof of purchase. 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 "CRU"), 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 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 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.
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
2

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