IBM 37L1388 That All, Will Good, Order Least, Services must, Part will, Your Reseller, Part You

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,

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.

Production

Status

Each

IBM

Machine

is

manufactured

from

new

parts, or

new

and used

parts.

In

some

cases, the

Machine

may

not

be

new

and

may

have

been

previously

installed.

Regardless

of

the

Machine's

production status,

IBM's

appropriate

warranty

terms

apply.

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),

IBM

is

liable

for

no

more

than

1.

damages

for

bodily

injury

(including

death)

and

damage

to

real

property

and

tangible

personal

property;

and

2.

the

amount

of

any

other

actual

direct

damages,

up

to

the

greater

of

U.S.

$100,000

(or

equivalent

in

local

currency)

or

the

charges

(if

recurring,

12

months'

charges

apply)

for

the

Machine

that

is

the

subject

of

the

claim.

This

limit

also

applies to IBM's suppliers and

your

reseller. It

is

the

maximum

for

which

IBM,

its

suppliers,

and

your

reseller

are

collectively responsible.

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