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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
your reseller, if 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 is unable to do either, you
may return the Machine to your place of purchase and your money will be
refunded.
IBM or your 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 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.
Your Additional Responsibilities
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 service request procedures that IBM or your reseller
provides;
b. backup or secure all programs, data, and funds contained in the
Machine;
c. provide IBM or your reseller with sufficient, free, and safe access to
your facilities to permit IBM to fulfill its obligations; and
d. inform IBM or your reseller of changes in the Machine’s location.
4.
(a) ensure all information about identified or identifiable individuals
(Personal Data) is deleted from the Machine (to the extent technically
possible), (b) allow IBM, your reseller or an IBM supplier to process on
your behalf any remaining Personal Data as IBM or your reseller considers
necessary to fulfill its obligations under this Statement of Limited Warranty
(which may include shipping the Machine for such processing to other IBM
Appendix A. IBM Statement of Limited Warranty Z125-4753-08 04/2004 45