IBM eserver xSeries 330 User Manual

Page 57

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Appendix A. Product warranties and notices

45

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 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.

Unless specified otherwise, IBM provides non-IBM machines WITHOUT
WARRANTIES OF ANY KIND.

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 the Machine, contact your reseller or IBM. You may be
required to present proof of purchase.

IBM or your reseller provides certain types of repair and exchange service, either at
your location or at a service center, 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. IBM may
repair the failing Machine or exchange it at its discretion.

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.

Any feature, conversion, or upgrade IBM or your reseller services must be installed on
a Machine which is 1) for certain Machines, the designated, serial-numbered Machine
and 2) at an engineering-change level compatible with the feature, conversion, or
upgrade. 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,

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