Common use of Warranty for IBM Machine Components of IBM Appliances Clause in Contracts

Warranty for IBM Machine Components of IBM Appliances. IBM warrants that each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document. During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service IBM designates in a Transaction Document for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so or ii) replace it with one that is at least functionally equivalent, Customer may return it to the party from whom Customer acquired it for a refund. For an IBM Machine Component that IBM is responsible to install, if Customer elects to install the IBM Machine Component itself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Customer’s expense before providing warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Customer may request that IBM restore it to an acceptable condition for warranty service or Customer may withdraw its request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Customer is unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty Information” that ships with IBM Machine Component. If Customer does not register the IBM Machine Component with IBM, Customer may be required to present proof of purchase as evidence of Customer’s entitlement to warranty service.

Warranty for IBM Machine Components of IBM Appliances. If a Machine is subject to federal or state consumer warranty laws, IBM’s statement of limited warranty included with the Machine applies in place of these Machine warranties. Unless IBM specifies otherwise and in writing, the following warranties apply only in the country of acquisition. Further, IBM provides the following warranties only to you, and not to your Customers or any other third party. IBM warrants that when supplied to you, each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document). During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service that IBM designates in a Transaction Document Supplement for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so so; or ii) replace it with one that is at least functionally equivalent, Customer you may return it to the party from whom Customer acquired it IBM for a refund. For an IBM Machine Component that IBM is responsible to install, if Customer elects you elect to install the IBM Machine Component itself yourself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Customer’s your expense before providing any warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Customer you may request that IBM restore it to an acceptable condition for warranty service or Customer you may withdraw its your request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Customer is you are unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty warranty Information” that ships with IBM Machine Component. If Customer does you do not register the IBM Machine Component with IBM, Customer you may be required to present proof of purchase as evidence of Customer’s your entitlement to warranty service. Extent of Warranty THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. The warranties stated in this section will not apply to the extent that there has been misuse (including, but not limited to, use of any Machine Component capacity or capability, other than that authorized by IBM in writing), accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by you or a third party (including your Customer), or failure or damage caused by a product for which IBM is not responsible. The warranty for IBM Machine Components is voided by removal or alteration of Machine Components or parts identification labels. Items Not Covered by Warranty IBM does not warranty uninterrupted or error-free operation of Machine Components or that IBM will correct all defects. IBM will identify Machine Components that it does not warrant in a Supplement. Unless otherwise specified in a Supplement, IBM provides non-IBM Machine Components WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. However, non-IBM manufacturers, developers, suppliers, or publishers may provide their own warranties to you. All warranties that IBM provides under this Agreement are solely for your benefit. You will not make any warranties about IBM or the Appliance on IBM’s behalf.

Warranty for IBM Machine Components of IBM Appliances. If a Machine is subject to federal or state consumer warranty laws, IBM’s statement of limited warranty included with the Machine applies in place of these Machine warranties. IBM warrants that each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document. During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service IBM designates in a Transaction Document for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so or ii) replace it with one that is at least functionally equivalent, Customer may return it to the party from whom Customer acquired it for a refund. For an IBM Machine Component that IBM is responsible to install, if Customer elects to install the IBM Machine Component itself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Customer’s expense before providing warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Customer may request that IBM restore it to an acceptable condition for warranty service or Customer may withdraw its request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Customer is unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty Information” that ships with IBM Machine Component. If Customer does not register the IBM Machine Component with IBM, Customer may be required to present proof of purchase as evidence of Customer’s entitlement to warranty service.

Warranty for IBM Machine Components of IBM Appliances. IBM warrants that each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document. During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service IBM designates in a Transaction Document for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so or ii) replace it with one that is at least functionally equivalent, Government Customer may return it to the party from whom Government Customer acquired it for a refund. For an IBM Machine Component that IBM is responsible to install, if Government Customer elects to install the IBM Machine Component itself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Government Customer’s expense before providing warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Government Customer may request that IBM restore it to an acceptable condition for warranty service or Government Customer may withdraw its request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Government Customer is unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty Information” that ships with IBM Machine Component. If Government Customer does not register the IBM Machine Component with IBM, Government Customer may be required to present proof of purchase as evidence of Government Customer’s entitlement to warranty service.

Warranty for IBM Machine Components of IBM Appliances. IBM warrants that each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document. During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service IBM designates in a Transaction Document for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so or ii) replace it with one that is at least functionally equivalent, Customer may return it to the party from whom Customer acquired it for a refund. For an IBM Machine Component that IBM is responsible to install, if Customer elects to install the IBM Machine Component itself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Customer’s Customer‟s expense before providing warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Customer may request that IBM restore it to an acceptable condition for warranty service or Customer may withdraw its request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Customer is unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty Information” that ships with IBM Machine Component. If Customer does not register the IBM Machine Component with IBM, Customer may be required to present proof of purchase as evidence of Customer’s Customer‟s entitlement to warranty service.

Warranty for IBM Machine Components of IBM Appliances. ‌ IBM warrants that each IBM Machine Component is free from defects in materials and workmanship and conforms to its Specifications. The warranty period for an IBM Machine Component is a fixed period commencing on its Date of Installation (also called “Warranty Start Date”) and specified in a Transaction Document. During the warranty period, IBM provides repair and exchange service for the IBM Machine Component, without charge, under the type of service IBM designates in a Transaction Document for the IBM Machine Component. If an IBM Machine Component does not function as warranted during the warranty period and IBM is unable to either i) make it do so or ii) replace it with one that is at least functionally equivalent, Customer may return it to the party from whom Customer acquired it for a refund. For an IBM Machine Component that IBM is responsible to install, if Customer elects to install the IBM Machine Component itself or have a third party install the IBM Machine Component, IBM may inspect the IBM Machine Component at Customer’s expense before providing warranty service on the IBM Machine Component. If the IBM Machine Component is not in an acceptable condition for warranty service, as solely determined by IBM, Customer may request that IBM restore it to an acceptable condition for warranty service or Customer may withdraw its request for warranty service. IBM, at its sole discretion, will determine if restoration is possible. Restoration is provided as a billable service. If the IBM Machine Component does not function as warranted during the warranty period, refer to the service documentation that shipped with the IBM Machine Component for support assistance and problem determination procedures. If Customer is unable to resolve the problem with the service documentation, contact IBM or the reseller to obtain warranty service. Contact information for IBM is provided in the “Warranty Information” that ships with IBM Machine Component. If Customer does not register the IBM Machine Component with IBM, Customer may be required to present proof of purchase as evidence of Customer’s entitlement to warranty service.