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ftI8K OF LCJ88' OR DAMAGE Customer Set-Up Du~ period on-order Machines are in transit or in posses- Each machine, feature or model conversion identifted I:N IBM as siQnot . Customer, up to and including the Date of Installation, Customer Set-Up (CSU), and all machine elements and.acces- at and its insurers, if any, relieve the CUstomer of responsibility sories, will be set up by the Customer in accordance with the in- for all risk of loss of or damage to the Machines except for loss or structions furnished by IBM. damage caused by nuclear reaction, nuclear radiation or radioac- The Date of Installation will be the day (Monday through Friday) tive contamination for which the Customer Is legally liable. There- following the day the machine, feature, model conversion, after, all risk of loss of or damage to such Machines shall be on machine element or accessory is considered to be Installed under the Customer. this Agreement or under the applicable IBM lease or rental agree- All risk of loss of or damage to installed Machines shall be on ment. the Customer afterthe Effective Date of Purchase. An on-order CSU machine will be considered to be installed or PRICE PROTECTION PERIOD the last dat::f the CSU allowance period :ed by IBM for suet machine. e CSU allowance period, ich does not includE The Purchase Price for each on-order Machine shall be IBM'S Saturda~ or Sundays, commences on the day (Monday through iJ8n8raJly available si~e unit price and shall be subject to all price Friday) Iowi~ date of reaH8:t of the machine at the Custom- er's premises. ever; when a SU machine is delivered in con- Increases, except that Jncreases effective during the three-month junction with, and for attachment to, a non-CSU machine delivered period immediately prior to the date of Machine shipment shall not apply if the Customer's order was received by IBM prior to the date from IBM, such CSU machine will be considered to be installed as detennined . in this paragraph or on the date such non-CSU of announcement of the price increase. If a price increase applies machine is installed, whichever is later. to any such Machine, the Customer may cancel the order upon An on-order CSU. feature or model conversion, machine ele- written notice to IBM within one month of notification of the price in- ment or accessory will. be considered to be installed one month fol- crease; otherwise, the:r price shall be effective. lowing the later of its Estimated Shipment Date or its actual date If IBM'S general~av able si~ unit price for any on-order of shipment from IBM. Machine upon its ate of Install shall be lower than the Pur- chase Price for such Machine stated in the Supplement, the Cus- PURCHASE OF INSTALLED MACHINES tomer shall have the benefit of such lower price. The tenn "IBM'S generally available si~1e unit price" does not in- The Purchase Price stated in the Supplement is exclusive of any elude prices for sales of Machines u er tenns and conditions charges which are due or may become due under the applicable other than those in this ~reement. IBM lease or rental ~eement. The Effective Date of Purchase for The Purchase Price or each installed Machine stated in the installed Machines all be the later of the first day of the Quotation Supplement is subject to change up to and including its Effective Month or the day on which the payment ~ed under the Section Date of Purchase, subject to any limitations described in any other entitled "Prices and Pa enf' is received IBM atits IBM Branch applicable ISM lease or rental agreement. Office or Remit to ~ss shown in the upplement, provided INSTALLATION such receipt is not later than the last day of the Quotation Month. The Machines will be tenninated under the applicable IBM lease or Each Machine will be installed as specified by IBM. The Customer rental agreement as of the day immediately preceding the Effec- ~ees to provide a suitable environment. for the Machines as tive Date of Purchase. specified by IBM, and, except as otherwise specified by IBM, to fur- WARRANTIES nish all labor required for unpacki~and placil'lQ eachon-order Machine in the desired location. Pa ging matenals, if any, shall Machines purchased under this Agreement will be 1) newly ~ become the property of the Customer. manufactured by or for IBM from new and serviceable used parts Features and model conversions will be installed on the serlal- which are equivalent to new in performance in these Machine~ numbered machine designated in the Supplement. The Customer aMe"'Bled By er fer leu treM 8eMssaile wess ¡J8Fte, i) MseAiRle ' . ~ represents that the Customer is the owner of the machine on which ';mien Þ1ave BeeR ilF8'~8W8Iy iAGtlllGå, Qr ~) UlcÞíRe8 -Wid' ~r... any feature or model conversion will be installed or, if not the !tr8eeAtly iA8t81leø'.r." "8 CY8tefR8r. owner, has the authority from the owner to order the feature or IBM warrants that on the Date of Installation each on-ordel model conversion and to have it installed on the owner's machine. Machine will be in good working order and will confonn to IBM'S offi- Installation by IBM cial published specifications which are available upon request. The Wananty Period for each Machine, specified In the su~ IBM will install machines, features and model conversions which ment, commences on its Date of Installation as defined in the - tion entitled "Installation." are not identified as Customer Set-Up. IN8T*LLEB MAeI HNœ FtJRellMEB AREA ?lIEtR, ! The Date of Installation for a machine will be the day (Monday .. through Friday) following the day that 1) the machine IS installed 19" BMIS. under this Agreement or under the applicable. IBM lease or rental agreement, or 2) an on-order machine is available for delivery or Service and Parts Warranty delivered to the Customer and the Customer fails to provide a suit- able installation environment or delays installation. Commencing on the Date of Installation of each on-order The Date of Installation for a feature or model conversion will be machine, model ur:;,rade and feature addition, or on the Effective the ~(Monday throUQh Fri'::l? following the day that the feature Date of Purchase 0 each installed machine, model upgrade and or I conversion is Install under this Agreement or under the feature addition, and continuing for the duration or remainder, if applicable ISM lease or rental agreement. any, of the Warranty Period, IBM agrees to provide the availability of The installation of some features and model conversions invol- warranty service, at no additional charge except as set forth in this ves the removal of parts which become the property of IBM. IBM will Section or in the Section entitled "Travel Expense," to keep the s= the Supplement if removed parts become the property machines, model upgrades and feature additions in, or restore of IBM. e Customer will provide IBM access to the machinato com- them to, 9oodWOrkintorder. This warranty service includes pre- mence installing each such feature or model conversion as soon ventive maintenance ased upon the specific needs of individual as possible after its shipment from IBM but in no event more than machines, model upgrades and feature additions as detennined one month following the later of its Estimated Shipment Date or ac- by IBM and on-call remedial maintenance. Such warranty service tual date of shipment, unless a shorter period is specified in the will include lubrication, a~ustments and replacement of parts Supplement. In the event of failure by the Customer to. provide IBM deemed necessary by IBM. arts, which may be used parts, will be access to the machine within the specified period, the Customer fumished on an exchange basis, and the replaced parts become shall retum the feature or model conversion to IBM with shipping the property of IBM. ch~es &repaid, unless otherwise agreed to by IBM. Warranty service will be available at no additional charge during If e ustomer delays installation of a feature or model conver- the hours specified in the Supplement. Outside .such hours, war- sion (other than one which involves the removal of parts which be- ranty service, if requested by the Customer and provided by IBM, come the property of I' more than one month from the later of will be subject to charge for travel expense plus travel, waiting 8/'1'" its Estimated Shipment ate or actual date of shipment from IBM, service time at IBM'S then applicable hourly service rates and min its Date of Installation will be considered to be the day (Monday mum charges; however, there will be no additional charge f( thro~h Friday) one monthfoliowiru,SUch date of shipment. pa rts. IB will notify the Customer of e Date of Installation of each Warranty service under this Agreement does not assure uninter- on-order machine, feature or model conversion. rupted operation ot the Machines. IBM may, at its option, store on Page20f4