Service for Machines Clause Samples

Service for Machines. IBM provides certain types of Service to keep Machines in, or restore them to, conformance with their Specifications. IBM will inform Customer of the available types of Service for a Machine. At its discretion, IBM will i) either repair or exchange the failing Machine and ii) provide the Service either at Customer’s location or a service center. IBM manages and installs selected engineering changes that apply to IBM Machines and may also perform preventive maintenance. Any feature, conversion, or upgrade IBM services must be installed on a Machine which is i) the designated, serial-numbered Machine, if applicable, and ii) at an engineering-change level compatible with the feature, conversion, or upgrade. When the type of Service requires that Customer deliver the failing Machine to IBM, Customer agrees to ship it suitably packaged (prepaid unless IBM specifies otherwise) to a location IBM designates. After IBM has repaired or exchanged the Machine, IBM will deliver it to Customer at IBM’s expense unless IBM specifies otherwise. IBM is responsible for loss of, or damage to, Customer’s Machine while it is i) in IBM’s possession or ii) in transit in those cases where IBM is responsible for the transportation charges. Customer agrees: a. to obtain authorization from the owner to have IBM service a Machine that Customer does not own; b. where applicable, before IBM provides Service, to -- (1) follow the problem determination and service request procedures that IBM provides, (2) secure all programs, data, and funds contained in a Machine, and (3) inform IBM of changes in a Machine's location. c. to follow the Service instructions that IBM provides (which may include installing Machine Code and other software updates either downloaded from an IBM Internet Web site or copied from other electronic media); and d. when Customer returns a Machine to IBM for any reason -- (1) to securely erase from any Machine all programs not provided by IBM with the Machine and data, including without limitation, the following: i) information about identified or identifiable individuals or legal entities ("Personal Data") and ii) Customer’s confidential or proprietary information and other data. If removing or deleting Personal Data is not possible, Customer agrees to transform such information (e.g., by making it anonymous) so that it no longer qualifies as Personal Data under applicable law; (2) to remove all funds from Machines returned to IBM. IBM is not responsible for any funds...

Service for Machines. IBM provides certain types of Service to keep Machines in, or restore them to, conformance with their Specifications. IBM will inform Customer of the available types of Service for a Machine. At its discretion, IBM will i) either repair or exchange the failing Machine and ii) provide the Service either at Customer’s location or a service center. IBM manages and installs selected Engineering Changes that apply to IBM Machines and may also perform preventive maintenance. Any feature, conversion, or Machine Upgrade IBM Services must be installed on a Machine which is i) the designated, serial-numbered Machine, if applicable, and ii) at an Engineering-Change level compatible with the feature, conversion, or Machine Upgrade. When the type of Service requires that Customer deliver the failing Machine to IBM, Customer agrees to ship it suitably packaged (prepaid unless IBM specifies otherwise) to a location IBM designates. After IBM has repaired or exchanged the Machine, IBM will deliver it to Customer at IBM’s expense unless IBM specifies otherwise. IBM is responsible for loss of, or damage to, Customer’s Machine while it is i) in IBM’s possession or ii) in transit in those cases where IBM is responsible for the transportation charges. Customer agrees: a. to obtain authorization from the owner to have IBM service a Machine that Customer does not own; b. where applicable, before IBM provides Service, to -- (1) follow the problem determination and service request procedures that IBM provides, (2) secure all programs, data, and funds contained in a Machine, and (3) inform IBM of changes in a Machine's location. c. to follow the Service instructions that IBM provides (which may include installing Machine Code and other software updates either downloaded from an IBM Internet Web site or copied from other electronic media); and d. when Customer returns a Machine to IBM for any reason -- (1) to securely erase from any Machine all programs not provided by IBM with the Machine and data, including without limitation, the following: i) information about identified or identifiable individuals or legal entities ("Personal Data") and ii) Customer’s confidential or proprietary information and other data. If removing or deleting Personal Data is not possible, Customer agrees to transform such information (e.g., by making it anonymous) so that it no longer qualifies as Personal Data under applicable law; (2) to remove all funds from Machines returned to IBM. IBM is not responsib...

Service for Machines. (during and after warranty) 1. obtain authorization from the owner to have IBM service a Machine that you do not own; and 2. where applicable, before IBM provides Service. a. follow the problem determination, problem analysis, and service request procedures that IBM provides b. secure all programs, data, and funds contained in a Machine, and c. inform IBM of changes in a Machine’s location. When Service involves the exchange of a Machine or part, the item IBM replaces becomes its property and the replacement becomes yours. You represent that all removed items are genuine and unaltered. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. The replacement assumes the warranty or maintenance Service status of the replaced item. Before IBM exchanges a Machine or part, you agree to remove all features, parts, options, alterations, and attachments not under IBM’s service. You also agree to ensure that the item is free of any legal obligations or restrictions that prevent its exchange. Some parts of IBM Machines are designated as Customer Replaceable Units (called, “CRUs”), e.g., keyboards, memory, or hard disk drives, IBM provides CRUs to you for replacement by you. You must return all defective CRUs to IBM within 30 days of your receipt of the replacement CRU. You are responsible for downloading designated Machine Code and LIC updates from an IBM Internet Web site or from other electronic media, and following the instructions that IBM provides. Repair and exchange Services do not cover: 1. accessories, supply items, and certain parts, such as batteries, frames, and covers: 2. Machines damaged by misuse, accident, modification, unsuitable physical or operating environment, or improper maintenance by you; 3. Machines with removed or altered Machine or parts identification labels; 4. failures caused by a product for which IBM is not responsible; 5. service of Machine alterations; or 6. service of a Machine on which you are using capacity or capability, other than that authorized by IBM in writing. For certain Machines, you may select a Service upgrade from the standard type of warranty Service for the Machine. IBM charges for the Service upgrade during the warranty period. You may not terminate the Service upgrade or transfer it to another Machine during the warranty period. When the warranty period ends, the Machine will convert to maintenance Service at the same type of Service you selected ...

Service for Machines. (during and after war- ranty)

Service for Machines. (during and after warranty) 5.3 Usluge za Mašine (za vreme trajanja i nakon isteka perioda garancije) 1. obtain authorization from the owner to have IBM service a Machine that you do not own; and 1. pribavi ovlašćenje od vlasnika Mašine za primanje IBM Usluge na ▇▇▇▇▇▇ ▇▇▇▇ nije u vlasništvu Kupca; i 2. where applicable, before IBM provides Service; 2. u slučajevima kad je to primenjivo, a pre nego što IBM izvrši Uslugu: a) follow the problem determination, problem analysis, and ser- vice request procedures that IBM provides, b) secure all programs, data, and funds contained in a Machine, and a. Provede postupke određivanja problema, analiziranja problema, kao i postupke traženja usluge koje Kupcu osigura IBM b. Osigura sve programe, podatke i ostale sadržaje u Mašini, i c) inform IBM of changes in a Machine's location.

Service for Machines. (during and after warranty) We provide certain types of repair and exchange Service either at your location or at a service center to keep Machines in, or restore them to, conformance with their Specifications. We will inform you of the available types of Service for a Machine. We may repair the failing Machine or exchange it at our discretion. When the type of Service requires that you deliver the failing Machine to us, you agree to ship it suitably packaged (prepaid unless we specify otherwise) to a location we designate. After we have repaired or exchanged the Machine, we will return it to you at our expense unless we specify otherwise. We are responsible for loss of, or damage to, your Machine while it is 1) in our possession or 2) in transit in those cases where we are responsible for the transportation charges. You agree to:

Service for Machines. (during and after warranty) 40 <PAGE> The following replaces the first sentence of the fourth paragraph: When Service involves the exchange of a Machine or part, the replacement becomes yours and the replaced item becomes the property of: a. the relevant IBM subsidiary in countries where such subsidiary is located; or b. IBM World Trade Corporation upon commencement of the export procedures in all other countries PART 6 - OPTIONS 6.1 Offshore Acquisition The following replaces the first sentence of 3.1 Title and Risk of Loss as it applies to offshore acquisitions: Title to each Machine will pass to you upon shipment provided IBM World Trade Corporation has received payment in full. Otherwise, title passes when IBM World Trade Corporation receives payment in full. AUSTRIA PART 1 - GENERAL 1.2 Agreement Structure Your Acceptance of Additional Terms, Items 2 and 3 do not apply.

Service for Machines. (during and after warranty) Item 3 in the seventh paragraph does not apply. INDIA PART 1 - GENERAL 1.7 Mutual Responsibilities The following replaces item 7: 7. if no suit or other legal action brought, within three years after the cause of action arose in respect of any claim that either of us may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim; and 1.10 Limitation of Liability The following replaces items 2 and 3: 2. liability for bodily injury (including death) or damages to real property and tangible personal property limited to that caused by IBM's negligence; and 3. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, the charge paid by you for the individual Product or Service that is the subject of the claim. For purposes of this item, the term "Product" includes Machine Code, Licensed Internal Code, and Materials. Applicability to subcontractors and Program developers (unchanged) 33 <PAGE> INDONESIA PART 1 - GENERAL

Service for Machines. (during and after warranty) The following sentence is added to the second paragraph: During the warranty period, IBM will reimburse you for the transportation charges for delivery of the failing Machine to IBM and will return it to you at its expense. DENMARK PART 3 - MACHINES 3.1 Title and Risk of Loss The following replaces the first sentence in the first paragraph: IBM reserves right of ownership to the Machine until receipt of payment in full after which title to the Machine is transferred to you or, if you choose, your lessor. EGYPT PART 1 - GENERAL 1.1 Definitions The following replaces the Date of Installation definition: Date of Installation is the following:: 1. for an IBM Machine IBM is responsible for installing, the earliest of - a. the day IBM installs it, b. the day it is cleared from customs if your installation site is not ready or you elect to defer installation, or c. 45 days after its shipment date contained in the shipping documentation; and 42 <PAGE> 2. for a Customer-set-up Machine and a non-IBM Machine, the earliest of - a. the business day following its arrival at the ship-to address, or b. 45 days after its shipment date contained in the shipping documentation; and 3. (unchanged) PART 6 - OPTIONS 6.1 Offshore Acquisition The following sentence is added to this section: You are responsible for all banking charges. FRANCE PART 1 - GENERAL 1.4 Changes and Payment The following is added to the end of the fourth paragraph: The rate of late payment fees will be three times the French legal rate, applied from the due date up to the full payment completion date. The following is added to the end of the seventh paragraph: If you disagree with the increase, you may terminate the transaction by notifying IBM, in writing, within fifteen days after the date of IBM's notification to you of the increase.