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<br /> the Cu.stcmer'.! premises maintenance equipment and/or parts a) failure to continually provide a suitable environment pre-
<br /> that IBM deer"S n~to fulfill this warranty. scribed by IBM including adequate space, electrical power,
<br /> During the Warranty eriod, engineering Ch:Jes determined air conditioning and humidity control;
<br /> :fck:able by IBM will be controlled and install by IBM on the b) neglect; misuse, including use of the Machines for pur-
<br /> achines. The CUstomer may, by providing notice subject to writ- poses other than for which designed;
<br /> ten confirmation by ISM, elect to have only mandatory changes, as c) accident; disaster, inclUdi~ water, wind and lightning;
<br /> determined by IBM, installed on the Machines. transportation; vandalism or r9lary;
<br /> IBM shall have full, free and safe access to the Machines to pro- d) alterations, including any deviation from IBM'S Machine de-
<br /> vide service thereon. The CUstomer shall promptly inform IBM of sign;
<br /> any ch:œ: in the Machines' location during the Warranty Period. e) attachments, including any interconnection to the Machine
<br /> If the arranty Period expires on a Friday or Saturday, it wiD be of non-IBM equipment and devices not under an IBM mainte-
<br /> extended so that the last day of such Warranty Period will be on the nance agreement;
<br /> following Sunday. 1) Machines, except those owned by IBM, under warranty
<br /> Programming from IBM, or under an IBM maintenance agreement; and
<br /> g) model conversions or installation or removal of IBM features
<br /> IBM warrants that, when shlPJ)ed. to the Customer, programming performed ~ other than IBM except that this subsection (g)
<br /> designated by IBM for use with a Machine and for which PF'?9ram- will applY~ during the three months subsequent to such
<br /> ming services are available will conform to IBM'S official published Machine ification;
<br /> specifications which are available upon request. 2) Repair of Machine damage, replacement of maintenance
<br /> IBM does not warrant that functions contained in f:Yonunming parts (due to other than normal wear) or repetitive service
<br /> will operate in the combinations which may be selected r use by calls caused by the use of supplies;
<br /> the CUstomer or will meet the Customer's requirements. 3) Inspection of altered Machines and inspection of machines
<br /> ALL OTHER PROGRAMMING IS DISTRIBUTED ON AN .. AS converted from one IBM model or machine type to another or
<br /> IS" BASIS. on which an IBM feature is installed or removed when such ac-
<br /> tivity was performed by other than IBM;
<br /> Additional Provisions for 4) Replacement or addition.of parts and increase in service time,
<br /> Features and Model. Conversions associated with the installation by IBM of an engineering
<br /> change, required due to model conversions or installation or
<br /> IBM's warranty for each feature addition or model upgrade re- removal oHBM features performed ~ other than IBM;
<br /> quires that the machine on which it is installed is at the then cur- 5) Rearrangement or relocation of achines and provision of
<br /> rent engineeri~ange level, is the specificserial-numbered necessary materials;
<br /> machine for which it was ordered and has been. modified only 6) Replacement of a part not furnished for the Machin~ IBM
<br /> with changes obtained from IBM. specifically for that serial-num- with a directly interchangeable IBM maintenance part, any
<br /> bared machine. If these conditions are not met, IBM will attempt increase in service time associated with such activity, except
<br /> to install non-CSU feature additions and model upgrades on the that IBM will not replace any part which is included in an altera-
<br /> machine, and, if such attempt results in an incorrectly functioning tion; and
<br /> machine, upon Customer request and at IBM'S then applicable 7) Repair of a Machine caused by non-IBM representatives per-
<br /> hourly service rates and minimum charges, parts and material lorming maintenance or repair of such Machine.
<br /> prices and travel expense, IBM will remove the features and/or Exclusions
<br /> model upgrades and restore the machine to its prior condition. It
<br /> such features and model upgrades did not involve the removal of The warranties under this Agreement are in lieu of any conflict-
<br /> parts which became the property of IBM, such features and model ing statement of warranty contained in a Machine shipment. The
<br /> upgrades remain the property of the Customer. If such features warranties. under this AQreement do not include 1) fumishing
<br /> and model upgrades involved the removal of parts which be-
<br /> came the property of IBM, such features and model upgrades be- supplies, painti~ or refinishing the Machines or furnishi~.mate-
<br /> come the property of . IBM and the restored parts become the rial therefor, 2) e ectrIcal work external to the Machines, 3 instal-
<br /> lation, maintenance or removal. of alterations or attachments to
<br /> pr~rty of the Customer. the Machines, and 4) any service which is Impractical for IBM to
<br /> or a feature removal, model downgrade or reinstallation of a render because of alterations in, or attachments to, the
<br /> previously purchased feature or model conversion, a three- Machines.
<br /> month parts warranty will apply to additional parts, if any, sup- IBM does not warrant that the operation of Machines or prog-
<br /> plied by IBM. ramming will be uninterrupted or error free or that all progran1~
<br /> Additional Provisions for ming errors will be corrected.
<br /> I
<br /> Machine Elements and Accesaorles Tilt reR[Q9INQ WARf1ANflE8 ARE IN UftJ er ALL.
<br /> Machine elements and accessories have a three-month War- 0Ttt1!". WA""ANTlI!S I!XP"I!SS 0.. .IMPUI!D, INeLtJDIN8, \ v'~
<br /> ranty Period unless otherwise specified by IBM. During the War- BI:A' NM LlMfI'EB 'fe, TilE IMPLIeD WA""AN'fII!S ell' ~
<br /> ranty Period, the Customer will remove any defective or failing MEReliAtfIi\BILffV AND p"'N!. lie.. A P"MlCtlLA" -
<br /> machine element or accessory and ship it prepaid to the desig- PtJ..peSE.
<br /> natedlBM location. IBM, at its option, will repair or replace such OTHER PRODUCTS AND SERVICES
<br /> machine element or accessory and ship it to the Customer with-
<br /> out charge. Following the warr~ Period, IBM will provide, upon request
<br /> Additional Provisions for Machines Containing Funds and at IBM'S charges terms then generally in effect, mainte-
<br /> nance service and maintenance parts for the Machines and
<br /> The Customer is responsible for removing, controlling and re- p~ramming services for p~amming as long as such services
<br /> placing or reloading funds contained in the Machines. IBM will a parts are generally avail Ie. Unless such activities are pro-
<br /> service Machines containing funds only when the cash container vided under another. written. agreement between the Customer
<br /> cannot be opened prior to repair by IBM, in which case the Cus- and IBM, they shall be subject to the applicable terms and condi-
<br /> tomer will remove the funds as soon as the container has been tions of this Agreement.
<br /> opened. In addition,lBM offers other products and services at separate
<br /> Services for Additional Charge charges under applicable written agreements. The Customer
<br /> may contract with IBM for such other products and services, as
<br /> During the Warranty Period available, but only under a written agreement between the par-
<br /> The services described in this Section are not warranty ser- ties.
<br /> vices. However, unless such services are provided under TRAVEL EXPENSE
<br /> another written agreement between the Customer and IBM, dur- Except as provided in the SectIon entitled "Warranties," there
<br /> ing the Warranty Period the following services, if available, will
<br /> be provided by IBM under this Agreement at IBM'S then applicable will be no charge for travel expense associated with warranty
<br /> hourly service rates and minimum charges, including travel and service or programming service except that actual travel ex-
<br /> waiting time, parts and material prices and travel expense: pense will be chal'Qed when the site at which. the Machine is
<br /> 1) Repair of Machine damage, replacement of maintenance located is normally Inaccessible by both private automobile and
<br /> parts or increase in service time caused by - scheduled public transportation.
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