IBM Statement of Limited
Warranty
Z125-4753-06 8/2000
Part 1 - General Terms
This Statement of Limited Warranty includes Part 1 - General Terms
and Part 2 - Country-unique Terms. The terms of Part 2 replace or
modify those of Part 1. The warranties provided by IBM in this
Statement of Limited Warranty apply only to Machines you purchase
for your use, and not for resale, from IBM or your reseller. The
term “Machine” means an IBM machine, its features, conversions,
upgrades, elements, or accessories, or any combination of them. The
term “Machine” does not include any software programs, whether
pre-loaded with the Machine, installed subsequently or otherwise.
Unless IBM specifies otherwise, the following warranties apply only
in the country where you acquire the Machine. Nothing in this
Statement of Limited Warranty affects any statutory rights of
consumers that cannot be waived or limited by contract. If you have
any questions, contact IBM or your reseller.
The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials
and workmanship and 2) conforms to IBM's Official Published
Specifications (“Specifications”). The warranty period for a
Machine is a specified, fixed period commencing on its Date of
Installation. The date on your sales receipt is the Date of
Installation unless IBM or your reseller informs you otherwise.
If a Machine does not function as warranted during the warranty
period, and IBM or your reseller are unable to either 1) make it do
so or 2) replace it with one that is at least functionally equivalent,
you may return it to your place of purchase and your money will be
refunded.
Extent of Warranty
The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or
operating environment, improper maintenance by you, or failure
caused by a product for which IBM is not responsible. The
warranty is voided by removal or alteration of Machine or parts
identification labels.
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.
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 a Machine, contact IBM or your
reseller. If you do not register your Machine with IBM, you may be
required to present proof of purchase.
During the warranty period, IBM or your reseller, if approved by
IBM to provide warranty service, provides without charge certain
types of repair and exchange service 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. At its discretion, IBM
or your reseller will 1) either repair or exchange the failing Machine
and 2) provide the service either at your location or a service center.
IBM or your reseller will also manage and install selected
engineering changes that apply to the Machine.
Some parts of IBM Machines are designated as Customer
Replaceable Units (called “CRUs”), e.g., keyboards, memory, or
hard disk drives. IBM ships CRUs to you for replacement by you.
You must return all defective CRUs to IBM within 30 days of your
receipt of the replacement CRU. You are responsible for
downloading designated Machine Code and Licensed Internal Code
updates from an IBM Internet Web site or from other electronic
media, and following the instructions that IBM provides.
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. 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.
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