Out-of-Scope Repairs Sample Clauses

Out-of-Scope Repairs. The Maintenance Services do not cover the following: (a) Service of a Covered Machine damaged by malicious intent, gross misuse, modification of the Covered Machine (other than by Supplier or its agents), natural causes such as fire or flood, improper maintenance by Gap or its agents, or unsuitable physical operating environment outside of Covered Machine Specifications. For this purpose, assuming Supplier performs the initial installation, Gap’s operating environment as of the date of installation is deemed to be suitable; (b) Service of a Covered Machine with removed, or altered Covered Machine parts, or parts identification labels; provided, however, that alterations and removals by Supplier or its agents, or by virtue of the CRU process, shall not trigger the application of this exclusion; (c) Accidental Damage; (d) Failures caused by a product for which Supplier is not responsible; or (e) Accessories, and supply items listed as such in the applicable product manual; parts designed to be replaced or consumed periodically during the useful life of the product (e.g., batteries and printer cartridges) that are listed as such in the product Documentation, and structural or cosmetic parts (or damage to structural or cosmetic parts, including damage and warping of any kind to the Covered Machine frames, housings and bezels) to the extent such parts or damage either have no impact on the operation of the Covered Machine or result from the circumstances described in Section 1.6 (Non-IBM Branded Machines) of this Attachment A. Notwithstanding the foregoing, in the case of an IBM Branded Machine,, repair of a manufacturer’s defect shall not be treated as out of scope. In addition to (a) above, Maintenance Services for Non-IBM Branded Machines does not cover: 1. Covered Machine installation or engineering change activity; 2. Correction of date related errors; 3. Service of micro-code or firmware; or 4. Service of features, parts, or devices not supplied by either (1) the Covered Machine’s OEM, or (2) Supplier during the performance of Maintenance Services. Gap requests Supplier to effect out-of-scope repairs for Covered Machines, then Supplier will do so for the appropriate charges set forth in Tables 15.1.1 Exhibit A.3.a – European Stores Maintenance Services SOW Gap Confidential and Proprietary Information

Out-of-Scope Repairs. The IBM Maintenance Services do not cover the following: (a) Service of a Covered Machine damaged by malicious intent, gross misuse, modification of the Covered Machine (other than by IBM or its agents), natural causes such as fire or flood, improper maintenance by Gap or its agents, or unsuitable physical operating environment outside of Covered Machine Specifications. For this purpose, assuming IBM performs the initial installation, Gap’s operating environment as of the date of installation is deemed to be suitable; (b) Service of a Covered Machine with removed, or altered Covered Machine parts, or parts identification labels; provided, however, that alterations and removals by IBM or its agents, or by virtue of the CRU process, shall not trigger the application of this exclusion;