Common use of INSTALLATION AND WARRANTY Clause in Contracts

INSTALLATION AND WARRANTY. We will ensure that Machines we install are free from defects in materials and workmanship and conform to specifications, We provide instructions to enable the setoup of Customer-Set-Up Machines. We are not responsible for the installation of Programs or non-IBM Machines, We do, however, preload Programs onto certain Machines. We provide a copy of our applicable warranty statement to you. You agree to provide it to the End User for review before the sale is finalized, unless we specify otherwise. We calculate the expiration date of an IBM Machine's warranty period from the Machine's Date of Installation. Warranty terms for Programs are described in the Programs' license terms. We provide non-IBM Products WITHOUT WARRANTIES OF ANY KIND, unless we specify otherwise. However, non-IBM manufacturers, suppliers, or publishers may provide their own warranties to you. For non-IBM Products we approve you to market, you agree to inform your Customer in writing 1) that the Products are non-IBM, 2) the manufacturer or supplier who is responsible for warranty (if any), and 3) of the procedure to obtain any warranty service. Date of Installation for a Machine We are Responsible to install The Date of Installation for a Machine we are responsible to install is the business day after the day 1) we install it or, 2) it is made available for installation, if you (or the End User) defer installation. Otherwise (for example, if others install or break its warranty seal), it is the day we deliver the Machine to you (or the End User). In such event, we reserve the right to inspect the Machine to ensure its qualification for warranty entitlement. The Date at Installation for a Customer-Set-Up Machine The Date of Installation for a Customer-Set Up Machine is the date the Machine is installed which you or your Remarketer, if applicable, record on the End Users sales receipt, You must also notify us of this date upon our request. Installation of Machine Features, Conversions, and Upgrades We sell features, conversions and upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial numbered Machine. Many of these transactions involve the removal of parts and their return to us. As applicable, you represent that you have the permission from the owner and any lien holders to 1) install features, conversions and upgrades and 2) transfer the ownership and possession of removed parts (which become our property) to us. You further represent that all removed parts are genuine, and unaltered, and free from defects in materials and workmanship and conform to specifications. A part that replaces a removed part will assume the warranty and maintenance Service status of the replaced part. You agree to allow us to install the feature, conversion, or upgrade within 30 days of its delivery. Otherwise, we may terminate the transaction and you must return the feature, conversion, or upgrade to us at your expense.

INSTALLATION AND WARRANTY. We will ensure that Machines we install are free from defects in materials and workmanship good working order and conform to their specifications, . We provide instructions to enable the setoup set-up of Customer-Set-Up Machines. We are not responsible for the installation of Programs or non-IBM Machines, . We do, however, preload Programs onto certain Machines. We provide a copy of our applicable warranty statement to you. You agree to provide it to the End User for review before the sale is finalized, unless we specify otherwise. We calculate the expiration date of an IBM Machine's warranty period from the Machine's Date of Installation. Warranty terms for Programs are described in the Programs' license terms. We provide non-IBM Products WITHOUT WARRANTIES OF ANY KIND, unless we we. specify otherwise. However, non-IBM manufacturers, suppliers, or publishers may provide their own warranties to you. For non-IBM Products we approve you to market, you agree to inform your Customer in writing 1) that the Products are non-IBM, 2) the manufacturer or supplier who is responsible for warranty (if any), and 3) of the procedure to obtain any warranty service. Date of Installation for a Machine We are Responsible to install DATE OF INSTALLATION FOR A MACHINE WE ARE RESPONSIBLE TO INSTALL The Date of Installation for a Machine we are responsible to install is the business day day. after the day 1) we install it or, 2) it is made available for installation, if you (or the End User) defer defer" installation. Otherwise (for example, if others install or break its warranty seal), it is the day we deliver the Machine to you (or the End User). In such event, we reserve the right to inspect the Machine to ensure its qualification for warranty entitlement. The Date at Installation for a CustomerTHE DATE OF INSTALLATION FOR A CUSTOMER-SetSET-Up Machine UP MACHINE The Date of Installation for a Customer-Set Set-Up Machine is the date the Machine is installed which you or your Remarketer, if applicable, record on the End Users User's sales receipt, . You must also notify us of this date upon our request. Installation of Machine FeaturesINSTALLATION OF MACHINE FEATURES, ConversionsCONVERSIONS, and Upgrades AND UPGRADES We sell features, conversions and upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial numbered Machine. Many of these transactions involve the removal of parts and their return to us. As applicable, you represent that you have the permission from the owner and any lien holders to 1) install features, conversions and upgrades and 2) transfer the ownership and possession of removed parts (which become our property) to us. You further represent that all removed parts are genuine, and unaltered, and free from defects in materials and workmanship and conform to specificationsgood working order. A part that replaces a removed part will assume the warranty and maintenance Service status of the replaced part. You agree to allow us to install the feature, conversion, or upgrade within 30 days of its delivery. Otherwise, we may terminate the transaction and you must return the feature, conversion, or upgrade to us at your expense.

INSTALLATION AND WARRANTY. We will ensure that Machines we install are free from defects in materials and workmanship good working order and conform to their specifications, . We provide instructions to enable the setoup set- up of Customer-Set-Up Machines. We are not responsible for the installation of Programs or non-IBM Machines, . We do, however, preload Programs onto certain Machines. We provide a copy of our applicable warranty statement to you. You agree to provide it to the End User for review before the sale is finalized, unless we specify otherwise. We calculate the expiration date of an IBM Machine's warranty period from the Machine's Date of Installation. Warranty terms for Programs are described in the Programs' license terms. We provide non-IBM Products WITHOUT WARRANTIES OF ANY KIND, unless we specify otherwise. However, non-IBM manufacturers, suppliers, or publishers may provide their own warranties to you. For non-IBM Products we approve you to market, you agree to inform your Customer in writing 1) that the Products are non-IBM, 2) the manufacturer or supplier who is responsible for warranty (if any), and 3) of the procedure to obtain any warranty service. Date of Installation for a Machine We are Responsible to install DATE OF INSTALLATION FOR A MACHINE WE ARE RESPONSIBLE TO INSTALL The Date of Installation for a Machine we are responsible to install is the business day after the day 14) we install it or, 25) it is made available for installation, if you (or the End User) defer installationInstallation. Otherwise (for example, if others install or break its warranty seal), it is the day we deliver the Machine to you (or the End User). In such event, we reserve the right to inspect the Machine to ensure its qualification for warranty entitlement. The Date at Installation for a CustomerTHE DATE OF INSTALLATION FOR A CUSTOMER-SetSET-Up Machine UP MACHINE The Date of Installation for a Customer-Set Set-Up Machine is the date the Machine is installed which you or your Remarketer, if applicable, record on the End Users User's sales receipt, . You must also notify us of this date upon our request. Installation of Machine FeaturesINSTALLATION OF MACHINE FEATURES, ConversionsCONVERSIONS, and Upgrades AND UPGRADES We sell features, conversions and upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial numbered Machine. Many of these transactions involve the removal of parts and their return to us. As applicable, you represent that you have the permission from the owner and any lien holders to 1) install features, conversions and upgrades and 2) transfer the ownership and possession of removed parts (which become our property) to us. You further represent that all removed parts are genuine, and unaltered, and free from defects in materials and workmanship and conform to specificationsgood working order. A part that replaces a removed part will assume the warranty and maintenance Service status of the replaced part. You agree to allow us to install the feature, conversion, or upgrade within 30 days of its delivery. Otherwise, we may terminate the transaction and you must return the feature, conversion, or upgrade to us at your expense.

INSTALLATION AND WARRANTY. We will ensure that Machines we install are free from defects in materials and workmanship good working order and conform to their specifications, We provide instructions to enable the setoup set-up of Customer-Set-Up Machines. We are not responsible for the installation of Programs Program or non-IBM Machines, . We do, however, preload Programs onto certain Machines. We provide a copy of our applicable warranty statement to you. You agree to provide it to the End User for review before the sale is finalized, unless we specify otherwise. We calculate the expiration date of an IBM Machine's warranty period from the Machine's Date of Installation. Warranty terms for Programs are described in the Programs' license terms. We provide non-IBM Products WITHOUT WARRANTIES OF ANY KIND, unless we specify otherwise. However, non-IBM manufacturers, . suppliers, or publishers may provide their own warranties to you. For non-IBM Products we approve you to market, you agree to inform your Customer in writing 1) that the Products are non-IBM, 2) the manufacturer or supplier who is responsible for warranty (if any), and 3) of the procedure to obtain any warranty service. Date of Installation for a Machine We are Responsible to install DATE OF INSTALLATION FOR A MACHINE WE ARE RESPONSIBLE TO INSTALL The Date of Installation for a Machine we are responsible to install is the business day after the day 1) we install it or, 2) it is made available for installation, if you (or the End User) defer installation. Otherwise (for example, if others install or break its warranty seal), it is the day we deliver the Machine to you (or the End User). In such event, we reserve the right to inspect the Machine to ensure its qualification for warranty entitlement. The Date at Installation for a CustomerTHE DATE OF INSTALLATION FOR A CUSTOMER-SetSET-Up Machine UP MACHINE The Date of Installation for a Customer-Set Set-Up Machine is the date the Machine is installed which you or your Remarketer, if applicable, record on the End Users User's sales receipt, . You must also notify us of this date upon our request. Installation of Machine FeaturesINSTALLATION OF MACHINE FEATURES, ConversionsCONVERSIONS, and Upgrades AND UPGRADES We sell features, conversions and upgrades for installation on Machines, and, in certain instances, only for installation on a designated, serial numbered Machine. Many of these transactions involve the removal of parts and their return to us. As applicable, you represent that you have the permission from the owner and any lien holders to 1) install features, conversions and upgrades and 2) transfer the ownership and possession of removed parts (which become our property) to us. You further represent that all removed parts pails are genuine, and unaltered, and free from defects in materials and workmanship and conform to specificationsgood working order. A part that replaces a removed part will assume the warranty and maintenance Service status of the replaced part. You agree to allow us to install the feature, conversion, or upgrade within 30 days of its delivery. Otherwise, we may terminate the transaction and you must return the feature, . conversion, or upgrade to us at your expense.