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Appendix E. Product warranties and notices E-3
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 func-
tionally 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 pre-
vent 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 trans-
portation charges.
Neither IBM nor your reseller is responsible for any of your confidential, propri-
etary 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 liabil-
ity, you are entitled to recover damages from IBM. In each such instance, regard-
less 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