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upon the�r return from the IBM Repair Center, and 5)check perform- tional service and parts are required due to the conversion from one
<br /> •ance of'the Machines while they are installed in their operational IBM model to another or the installation or removal of an IBM feature
<br /> ,lo�ation.The Customer agrees to use shipping containers designed by whenever any of the foregoing was performed by other than IBM;
<br /> IBM and in the manner prescribed by IBM.The locations of IBM Repair j) service time and materials associated with the rearrangement
<br />' CRenters are subject to change by IBM upon three months' prior written or relocation of Machines;and
<br /> notice to the Customer. k)replacement of a part not furnished for the Machine by IBM and
<br /> increase in service time associated with such part, except for
<br />� Additional Provisions for Features and Model Conversions common hardware items such as screws, nuts, bolts, clamps and
<br /> IBM's warranty that each feature or model conversion will be in commercially-available parts such as light bulbs. IBM will replace,
<br /> good working order on the Date of Installation requires that the at the Customer's request, parts not furnished for the Machine by
<br /> machine on which it is installed is at the current engineering-change IBM (except when such part is in an alteration) with an ►BM
<br /> level,is the specific serial-numbered machine for which the feature or maintenance part when such a non-IBM part is directly inter-
<br />, model conversion was ordered and has been modified only with changeable with the IBM part.When IBM determines tfiat a Machine
<br /> changes obtained from IBM specifically for that serial•numbered under this Agreement contains a part, not furnished for the
<br /> machine. If these conditions are not met, IBM will attempt to install Machine by IBM,which is particularly significant to IBM's ability to
<br /> these features and model conversions on the machine. If installation provide warranty service for such Machine under this Agreement,
<br /> results in an inconectly functioning machine, upon Customer request the Customer will replace the part with a directly interchangeable
<br /> and at IBM's then applicable time and material charges and travel maintenance part furnished for the Machine by IBM.IBM will,at the
<br /> expense,IBM will remove the features and/or model'conversions,which Customer's request, replace such non-IBM part with a directly
<br /> become the property of the Customer, and restore the machine to its interchangeable IB!�i maintenance part.
<br /> prior condition.
<br /> A three-month parts warranty will apply to the additional parts, if Exclusions
<br /> any,in the bill of materials supplied by IBM associated with the removal The warranties provided by IBM under this Agreement do not
<br /> of a feature,downgrade of a model or the reinstallation of a previously include the following services:
<br /> purchased feature or of a model conversion. a) furnishing supplies, paintin� or refinishing the Machines or
<br /> furnishing material therefor;
<br /> Additional Provisions forAccessories and Machine Elements b) electrical work external to the Machines or installation,
<br /> All accessories and machine elements have a three-month warranty maintenance or removal of alterations, attachments or other devices
<br /> period. During the warranty period the Customer will be responsible not furnished by IBM;and
<br /> for removal of any defective or failing accessory or machine element c) such service which is impractical for IBM to render because of
<br /> and for its return to the designated IBM location.IBM,at its option,will alterations in,or attachments to,the Machines.
<br /> repair or replace the defective or failing accessory or machine element IBM does not warrant that the operation of the Machine or program-
<br /> and return it to the Customer without charge. ming wii be uninterrupted or error free, or that all programming
<br /> errors will be corrected.
<br /> Additional Provisions for Machines Containing Funds
<br /> The Customer is responsible for removing,controlling and replacing THE FOREGOING WARRANTIF.S ARE IN LIEU OF ALL
<br /> or reloading funds so that tBM can fulfill its warranty obli�ations. IBM OTHER WARRANTIE5 EXPRESS OR IMPLIF.D, INCI,LJD-
<br /> will not service any Machine while it contains funds except when a ING, BLTT NOT LIMITED TO, THE IMPLIED WARRAN-
<br /> failure occurs in the cash container and it cannot be opened prior to TIES OF MERCHANTARILITl� AND FITNESS FOR A
<br /> repair by IBM,in which case the Customer will remove the funds as soon PARTICULAR PURPO5F,.
<br /> as the container has been opened. OTHER PRODUCTSAND SERVICES
<br /> Serntces forAdditional Charge During the Warranty Period Following expiration of the applicable warranty period,if requested,
<br /> The warranties provided by IBM under this Agreement do not include IBM will provide at IBM's charges and terms the❑ generally in effect,
<br /> the•following services, but if such services are available, they will be maintenance�service and maintenance parts forthe Machines as long as
<br /> provided by IBM under this Agreement at IBM's then applicable time such service and parts are generally available.
<br /> and material charges and travel expense unless such services are pro- In addition to the services described in the Section entitled
<br /> vided under another written agreement signed by the Customer and "Services for Additional Charge During the Warranty Period," all
<br /> IBM: maintenance and other service activities which may be made available
<br /> a)repair of damage or increase in service time caused by failure by IBM to the Customer at no additional charge or at IBM's then
<br /> to continually provide a suitable installation environment with all applicable time and material charges a�d travel expense,in connection
<br /> facilities prescribed by the applicable IBM installation manual in- with any Machines or programming supplied under this Agreement,
<br /> cluding,but not limited to, the failure to provide, or the failure of, shall be subject to the terms and conditions of this Agreement unless
<br /> adequate electrical power,air conditioning or humidity control; such activities are provided under another written agreement signed by
<br /> b)repair of damage or increase in service time caused by the use the Customer and IBM.
<br /> of the Machines for other than data processing purposes for which In addition to the Machines, programming and services provided
<br /> designed;or neglect or misuse; under this Agreement, IBM offers other products and services at
<br /> c) repair of damage, replacement of parts (due to other than separate charges under applicable written IBM agreements. IBM and
<br /> normal wear) or repetitive service calls caused by the use of the Customer agree that such products and services cannot be the
<br /> supplies; subject of an oral agreement. The Customer may contract with IBM for
<br /> d)repair of damage caused by accident;disaster,which includes, any such products or services as available, but onlv under the terms
<br /> but is not limited to, firi, flood, water, wind and lightning; or and conditions of a written agreement signed by the Customer and iBM.
<br /> transportation; � �`' TRAYEL EXPENSE
<br /> e)inspection of altered Mac'�iin�s,repair of damage or inc�se in
<br /> service time caused by alterations, which alterations include, but There will be no charge for travel expense associated with warranty
<br /> are not ligiite��o,��rom IBM's physical,mec��l�a��� service or programming service under this Agreement except that
<br /> electricaTl�Iac �ne esign; actual trave]expense shall be charged in those instances where the site
<br /> fl repair of damage or increase in service time caused by attach- at which the Machine is located is not normally accessible by private
<br /> ments,which are defined as the mechanical,electrical or electronic automobile or scheduled public transportation.
<br /> interconnection to an �sM Machine of non-[BM equipment and ENGINEERING CHANGES
<br /> devices not supplied by IBM;
<br /> g) repair of damage or increase in service time caused by IBM IBM will,upon request,furnish to the Customer,at IBM's prices then
<br /> Machines, except those [BM Machines which are owned by IBM, generally in effect, such engineering changes as IBM shall have
<br /> under the Service and Parts Warranty provision of an IBM purchase available for sale and which may be suitable for use on, or in con-
<br /> agreement or under an IBM maintenance agreement; nection with, the Machines. Replaced parts, if any, become the
<br /> h)repa��darq�� �e in service time caused by the con- property of IBM. IBM makes no representation that engineering
<br /> version from one i�l IG�m e�o another or the installation or removal changes which may be announced in the future will be suitable for use
<br /> of an IBM feature whenever any of the foregoing was performed by on,or in connection with,these Machines.
<br /> other th$=y�$'h���ply only during the thr�j�k�t�t$,� PATENTSAND COPYRIGHTS
<br /> subsequent to the date of such Machine modification;
<br /> i)increase in service time and replacement parts associated with IBM will defend the Customer against a claim that Machines or
<br /> the installation by IBM of an engineering change when such addi- programming supplied hereunder infringes a U.S.patent or copyright,
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