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<br /> modified only with changes obtained from IBM specifically for IBM will replace, at the Customer's request,-parts ';10t fu
<br /> that serial-numbered machine. If these conditions are not met, for the Machine by IBM (except when such part is II
<br /> IBM will attempt to install these features and model conversions alteration) with an IBM maintenance part when such a noo-1
<br /> on the machine. If installation results in an incorrectly functioning part is directly interchangeable with the IBM part. When IB
<br /> m3chine, upon Customer request and at IBM's then applicable determines that a Machine under this Agreement contains a
<br /> time and material charges and travel expense, IBM will remove the part, not furnished for the Machine by IBM, which is particularly
<br /> features and/or model conversions, which become the property of significant to IBM's ability to provide warranty service for suCh
<br /> the Customer, and restore the machine to its prior condition. Machine under this Agreement, the Customer will replace the
<br /> A three-month parts warranty will apply to the additional parts, if part with a directly interchangeable maintenance part furnished
<br /> any, in the bill of materials supplied by IBM associated with the for the Machine by IBM. IBM will, at the Customers request,
<br /> removal of a feature, downgrade of a model or the reinstallation of replace such non-IBM part with a directly interchangeable IBM
<br /> a previously purchased feature or of a model conversion. maintenance part.
<br /> Additional Provisions for Accessories and Machine Elements Exclusions
<br /> The warranties provided by IBM under this Agreement do nc
<br /> All accessories and machine elements have a three-month include the following services:
<br /> warranty period. During the warranty period the Customer will be a) furnishing supplies, painting or refinishing the Machines or
<br /> responsible for removal of any defective or failing accessory or furnishing material therefor;
<br /> machine element and for its return to the designated I BM location. b) electrical work external to the Machines or installation,
<br /> IBM, at its option, will repair or replace the defective or failing maintenance or removal of alterations, attachments or other
<br /> accessory or machine element and return it to the Customer devices not furnished by ¡BM; and
<br /> without charge. c) such service which is impractical for IBM to render because
<br /> of alterations in, or attachments to, the Machines.
<br /> Additional Provisions for Machines Containing Funds IBM does not warrant that the operation of the Machine or
<br /> The Customer is responsible for removing, controlling and programming will be uninterrupted or error free, or that all pro-
<br /> replacing or reloading funds so tha, IBM can fulfill its warranty gramming errors will be corrected.
<br /> obligations. IBM will not service any Machine while it contains
<br /> funds except when a failure occurs in the cash container and it
<br /> cannot be opened prior to repair by IBM. in which case the ~
<br /> Customer will remove the funds as soon as the container has been
<br /> opened. ~. SEE ATTACHED.
<br /> Services for Additional Charge During the Warranty Period OTHER PRODUCTS AND SERVICES
<br /> Following expiration of the applicable warranty period, if
<br /> The warranties provided by IBM under this Agreement do not requested, IBM will provide at IBM's charges and terms then
<br /> include the following services, but if such services are available, generally in effect. maintenance service and maintenance parts
<br /> they will be provided by IBM under this Agreement at IBM's then for the Machines as long as such service and parts are generally
<br /> applicable time and material charges and travel expense unless available.
<br /> such services are provided under another written agreement In addition to the services described in the Section entitled
<br /> sìgned by the Customer and IBM: "Services for Additional Charge During the Warranty Period," all
<br /> a) repair of damage or increase in service time caused by maintenance and other service activities which may be made
<br /> failure to continually provide a suitable installation environment available by IBM to the Customer at no additional charge or at
<br /> with all facilities prescribed by the applicable IBM installation IBM's then applicable time and material charges and travel
<br /> manual including, but not limited to, the failure to provide, or the expense, in connection with any Machines or programming
<br /> failure of, adequate electrical power, air conditioning or hu- supplied under this Agreement. shall be subject to the terms and
<br /> midity control: conditions of this Agreement unless such activities are provide"
<br /> b) repair of damage or increase in service time caused by the under another written agreement signed by the Customer ar
<br /> use of the Machines for other than data processing purposes for IBM.
<br /> which designed; or neglect or misuse; In addition to the Machines. programming and services pre
<br /> c} repair of damage, replacement of parts (due to other than vlded under this Agreement. IBM offers other products anl
<br /> normal wear) or repetitive service calls caused by the use of services at separate charges under applicable written IBM agree-
<br /> supplies; ments IBM and the Customer agree that such products and
<br /> d) repair of damage caused by accident; disaster. which services cannot be the subject of an oral agreement. The
<br /> includes, but is not limited to, fire, flood, water, wind and light- Customer may contract with IBM for any such products or
<br /> ning; or transportation; services as available, but only under the terms and conditions of a
<br /> e) inspection of altered Machines. repair of damage or written agreement signed by the Customer and IBM.
<br /> increase in service time caused by alterations, which alterations
<br /> include, but are not limited to, any deviation from IBM's TRAVEL EXPENSE
<br /> physical, mechanical or electrical Machine design; There will be no charge for travel expense assocIated with
<br /> f) repair of damage or increase in service time caused by warranty service or programming service under this Agreement
<br /> attachments. which are defined as the mechanical, electrical or except that actual travel expense shall be charged in those
<br /> electronic interconnection to an IBM Machine of non-IBM instances where the site at which the Machine is located is not
<br /> equipment and devices not supplied by IBM: normally accessible by private automobile or scheduled public
<br /> g) repair of damage or increase in service time caused by transportation.
<br /> IBM Machines, except those I BM Machines which are owned by
<br /> IBM, under the Service and Parts Warranty provision of an IBM ENGINEERING CHANGES
<br /> purchase agreement or under an IBM maintenance agreement; IBM will, upon request, furnish to the Customer, aþ~~~'~""}>1;\..-es
<br /> h) repair of damage or increase in service time caused by the then generally in effect, suchengineering changes as IBM shall
<br /> conversion from one IBM model to another orthe installation or have available for sale and which may be sUItable fot :..:~~ :;:-., .:;., ;,.
<br /> removal of an IBM feature whenever any of the foregoing was connection with. the Machines. Replaced parts, if any, become the
<br /> performed by other than IBM. This shall apply only during the property of IBM. IBM makes no representation that enQineering
<br /> three months subsequent to the date of such Machine modi- changes which may be announced In the future will be sUItable for
<br /> lication; use on, or in connection with, these Machines.
<br /> i) increase in service time and replacement parts associated PATENTS AND COPYRIGHTS
<br /> with the installation by IBM of an engineering change when
<br /> such additional service and parts are required due to the IBM will defend the Customer against a claim that Machines or
<br /> conversion from one IBM model to another or the installation or programming supplied hereunder infringes a U.S. patent or
<br /> removal of an IBM feature whenever any of the foregoing was copyright, or that the Machines' operation pursuant to a current
<br /> performed by other than IBM; release and modification level of any programming supplied by
<br /> j) 'service time and materials associated with the rearrange- IBM infringes a U.S. patent, and IBM will pay resultin~ costs,
<br /> ment or relocation of Machines; and damages and attorney's fees finally awarded, provided t at:
<br /> k) replacement of a part not furnished for the Machine by a) the Customer promptly notifies IBM in writing of the clair
<br /> IBM and increase in service time associated with such part, and
<br /> except for common hardware items such as screws, nuts, bolts. b) IBM has sole control of the defense and all related settteme
<br /> clamps and commercially-available parts such as light bulbs. negotiations.
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