IBM xSeries 235 User Manual

Page 47

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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

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

other

Appendix

B.

Warranty

information

35

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