IBM 39M5636 User Guide - Page 33
Exchange, Machine, Additional, Responsibilities
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website or from other electronic media, and following the instructions that IBM provides. You may request IBM to install Machine Code changes, however, you may be charged for that service. Some parts of IBM Machines are designated as Customer Replaceable Units ("CRUs"). If your problem can be resolved with a CRU (e.g., keyboard, memory, hard disk drive), IBM will ship the CRU to you for you to install. If the Machine does not function as warranted during the warranty period and your problem cannot be resolved over the telephone or electronically, through your application of Machine Code or software updates, or with a CRU, IBM or its subcontractor or a reseller that has been approved by IBM to provide warranty service, will either, at its discretion, 1) repair it to make it function as warranted, or 2) replace it with one that is at least functionally equivalent. If IBM or its subcontractor or the reseller is unable to do either, you may return the Machine to your place of purchase and your money will be refunded. IBM or its subcontractor or the reseller will also manage and install selected engineering changes that apply to the Machine. Exchange of a Machine or Part When the warranty service involves the exchange of a Machine or part, the item IBM or its subcontractor or the reseller replaces becomes IBM's 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. Your Additional Responsibilities You agree: 1. before IBM or its subcontractor or the reseller exchanges a Machine or part, to remove all features, parts, options, alterations, and attachments not under warranty service and ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange; 2. to obtain authorization from the owner to have IBM or its subcontractor or the reseller service a Machine that you do not own; 3. where applicable, before service is provided: a. follow the service request procedures that IBM or its subcontractor or its reseller provides; b. backup and secure all programs, data, and funds contained in the Machine; and c. inform IBM or its subcontractor or the reseller of changes in the Machine's location; 4. to provide IBM or its subcontractor or the reseller with sufficient and safe access to your facilities to permit IBM to fulfill its obligations; 5. to allow IBM or its subcontractor or the reseller to install mandatory engineering changes, such as those required for safety; 6. when the type of warranty service requires that you deliver a failing Machine to IBM, you agree to ship it suitably packaged, as IBM specifies, to a location IBM designates. After the Machine has been repaired or exchanged, IBM will return the repaired Machine or provide a replacement Machine to you at its expense, unless IBM specifies otherwise. IBM is responsible for loss of, or damage to, your Machine only while it is 1) in IBM's possession or 2) in transit in those cases where IBM is responsible for the transportation charges; and Appendix C. IBM Statement of Limited Warranty Z125-4753-09 08/2006 25