|
may make generally available without separate charge in connection the Customer, and the payment, required under the Section entitled
<br /> with programming. IBM will determine the programming services "Prices and Payment," are received by IBM at its Branch Office
<br /> available and their duration. address shown in the Supplement, provided that such receipt is not
<br /> The terms"programming" and "programming serviCes" do not in- later than the last day of the Quotation Month. The Machines will be
<br /> clude IBM programs and services that are available for a separate terminated under the applicable lease or rental agreement between IBM �
<br /> charge or which are offered under separate written agreements. and the Customer as of the day immediately preceding the Effective
<br /> INSTALLATION Date of Purchase.
<br /> The Customer agrees to provide a suitable installation environment �ARRI4NTIES
<br /> as specified in the applicable IBbi installation manual, if anv, and, Machines purchased under this Agreement will be 1) newly manu-
<br /> ex��ept as otherwise specified by IBM,to furnish all labor required for factured by IBM from new and serviceable used parts which are
<br /> unpa�king and placing in the desired location each on-order Machine. equivalent to new in performance in these Machines, 2) assembled by
<br /> Packagin� materials, if anv, shall become the propertv of the IBM from serviceable used parts, 3) Machines which have been pre-
<br /> Cust�mPr. Each Machine purchased under this Agreement will be viously installed, or 4)Machines which are presently installPd with the
<br /> installed as specified bv IBM. Customer.
<br /> Installation bv IBM IBM warrants that on the Date of Installation each on-order Machine
<br /> - will be in good working order and will conform to IBM's official
<br /> The DatP of Installation for a machine will be the day (Monday published specifications which are available upon request.
<br /> throu�h Fridav)followin�the da��that 1)the machine is installed under The warranri• period is one year for Warranty Category A Machines
<br /> this A�reement or under an applicable lease or rental agreement and three months for Warranty Category B Machines.The appropriate
<br /> between the parties, or 2) the machine is available for deliverv or Warrantv Category will be specified in the Supplement. The warrant}•
<br /> deli�ered to the Customer and the Customer fails to provide a suitable period of each Machine will be measured from its Date of Installation.
<br /> installation environment or elects to delay installation.
<br /> IBM will install features and model conversions on the serial- Sert�ice anl�Parts �arranty '
<br /> numbered machine designated in the Supplement. The Customer Commencin� on the Date of Installation of each on-order machine,
<br /> represents that the Customer is the owner of the machine on which am� model upgrade and feature addition,or the Effective Date of Purchase
<br /> feature nr model com�ersion will be installed or, if not the owner, has for each installed machine, model. upgrade and feature addition and
<br /> the authoriri from the owner to hav� thc feature or model conversion continuing for the-duration or remainder of the warrant}� period, IBbT
<br /> installed under this Agreement on the owner's machine. agrees to procide, at no additional charge to the Customer, except a�
<br /> The Date of Installation for a feature or mndel rc�nversion will be the set forth below or in the Section entitled "Travel E�:pense," ti�arranf��
<br /> da� (Mondav through Friday) following the dav that the feature or ser�•ice to keep the machines,model up�rades and feature additions in,
<br />, model conversion is installed under this Agreement �r un�ler an nr restore them to,good working order. This warrant�•service includes
<br />, applicable lease or rental agreement between the parties. scheduled preventive maintenance based upon the specific necds of in-
<br /> The installation of some features and model conversinns in�nlves thr dividual machine�, model upgrades and feature additions as deter-
<br /> rr•moval of parts which become the propert�•of IRtit IB!1'I will sperif�•in mined b}' IBM and unscheduled, on-call remedial maintenanre. Su�h �
<br /> thr• applicabl� Supplement if remo�ed parts becomP th� �ropFrty nf warranty servire will include lubrication,adjustment�and r�plarement
<br /> IR�1.Th��Customer will provide IBbt access to the Machine to c�mmPnc� of parts deemed necessarv bv IBA1. Parts will be furnished on an
<br /> installin� all such features and m�del con�ersions as soon as �,nssibl<� exchange basis,and the replaced parts become thP propertv of IBn7
<br /> • after their shipment from IBbt but in no e�•ent later than one month Warrant�• service procided under this Agreement does nr�t assur�
<br /> fnllowing the date�f such shipment,unless a shorter period is spe�ifi�d uninterrupted operation of the?14achines. IBM mav,at its option,stum
<br /> in thc Supplement. linless otherwise agreed to b� IBb1,in the event of nn the Customer's premises maintenance equipment andi�ir parts tha�
<br /> failure b-the Customer to rocide IBD1 acces�to thP Machine within the IBD?deems neces5ar�•to f 1 ill h's •
<br />, ti p u f t i. warrant�•.
<br /> specified period, thr Customer shall return the feature nr mr�del During the warrant� period,engineering changes determined applic�-
<br /> com crsion to II3�t with shippin�char�es prepaid. ahic b� IB�t �sil] be controlled and installed bF'IB�1 on thr Machines.
<br /> If ihe Customer ele�ts to �lela� in�tallation of a feature or m�del Th��Cu�tonu-r ma�,bv pro�•iding notice subject to written confirmatiun
<br /> c���iversi�n (other than c�ne which in�•olves the rPmoval of parts which h� IF3�i, elect t� ha�c onh mandatnrv changes, as determined b�• tR'vt.
<br /> become the properri of IBDt) and installation has not commenced one i�stalled on Ma��hines.
<br /> month foll�win�its date of shipment from IBhS,the Date of Installation IBM shall ha�e full and free access to the Machines to pro�•ide
<br /> of such feature or model �onv�rsion will be considered to be the da� service therron.Th�Customer shall promptly inform IB1t of am•change
<br /> (Monda� through Fridav)one month fr�llowing such date of shipment. in the Machine�' location during th� warranty period.
<br /> IBM �sill notifi the Custom�r nf the Datc of Installatinn of each on- If the warrant�• period expires on a Fridati• or Saturda}, it �ill be
<br /> order machine,feature and m�del conversion. extended hv Pither two days or one�1av respecti�el�,so that the last da�
<br /> of such warrantv period will be on a Sundav.
<br /> CustomerSet-U� R ITH RFSPECT TO WARRANT� CATEGORS .�
<br /> Each machine, feature and modcl c��mersion identified in the 1'IACHINES WHICH HAv'E BF.EN INSTALLED �'ITH THE •
<br /> SupplemPnt as a Customer Set-Up(CSU)Machine, and all accessories (;LTSTOMER FOR MORF. TH.AI� ONE TEAR AND
<br /> and machine elements, will be sef up h}• the Customer in acc�rdance �'ARRANT� CATF.GOR7' B MACHINES �"ffiCH HAVF,
<br /> �cith the instructions furnished b��[BM. BEE� INSTALLED WITH THF. CLTSTOMEIi FOR MORE
<br /> A CSU machine will be considered to be installed on thc last da� THAN THREE MONTHS, THF. CUtiTOMER AGREES Tn
<br /> (Mondar through Friday) of the CSU allowanc� period stated i❑ thc PURCH.ASE THF.MACHINES�"ITHOL?T�'.4RRAl0TTl".
<br /> Supplement for such machine. The CSU allowance period rommences
<br /> on the day(Monday through Friday)following the date of rPceipt of the A(�c�itional Provisions for�rogramming
<br /> machine at the Customer's premises.However,H-hen a CSU machine is IBM. further warrant� that programming designated by IBM for use
<br /> delivered in conjunction with, and for attachment to, a non-CSU with a Machine and for which programming services are available will
<br /> machinP delivered from IEM,such CSU machine will be considercd to conform to IBM's official published specifications (available upon
<br /> be installed on the later of 1) the installation date of such non-CSU request) when shipped to the Cusfomer if properh used on su�h
<br /> machine,or 2)the installation date of the CSLI machine as determined Machine.Thereafter,IBM will provide programming services,subject tn
<br /> above. The Date of Installation will be the dav (Monda}' through the provisions stated in the Section entitled"Programming."
<br /> Friday)following the date the machine is considered to be installed. IBM does not Harrant that the functions contained in the program-
<br /> A CSU feature or model conversion, or an accessory or machine ming will operate in the combinations which may be selected for use bv
<br /> element, will be considered to be installed one month following the the Customer,or will meet the Customer's requitements.
<br /> later of its estimated date of shipment or its actual date of shipment ALL PROGRAMMING FOR WHICH NO PROC�RAMMING I
<br /> from �xM. The Date of Installation will be the day (Monday through SER VI('ES ARE A�'AILABLE IS DISTRIBUTED ON AN"AS �
<br /> Friday)following the date the feature, model conversion, accessorv or IS'"BASIS WITHOUT WARRANTY.
<br /> machine element is conside.red to be installed.CSU features and model
<br /> conversions will be installed on the serial-numbered machine Additional Provisions for Repair Center Service Machines
<br /> designated in the Supplement. Warranty service on Machines designated in the Supplement as
<br /> PURCHASE OF INSTALLED MACHINES Repair Center Service Machines�will be performed at IBM Repair
<br /> Center(s) designated by IBM. IBM will not perform preventive main-
<br /> The prices stated in the Supplement are exclusive of anv charges tenance on the Machines. The Customer will 1) determine when
<br /> �which are due or may become due from the Customer under any IBM remedial maintenance is required utilizing the procedures furnished by
<br /> lease or rental agreement relating to the Machines.The Effective Date IBM, 2) remove the Machines requiring remedia} maintenance from
<br /> of Purchase for installed Machines shall be the later of the first day of their operational location,3)ship the Machines to the designated IBM
<br /> ' the tluptation Month or the day on which the Supplement, signed by Repau Center, 4) set up the Machines in their operational location
<br /> page 2 of 4
<br />
|