Common use of Service for Machines Clause in Contracts

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 for warranty Service upgrade.

Appears in 1 contract

Sources: Customer Agreement (Exa Corp)

Service for Machines. (during and after warranty)) IBM provides certain types of Service to keep Machines in, or restore them to, conformance with their Specifications. IBM will inform you of the available types of Service for a Machine. At Its discretion, IBM will 1) either repair or exchange the failing Machine and 2) provide the Service either at your location or a service center. When the type of Service requires that you deliver the failing Machine to IBM you agree 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 return it to you at its expense unless IBM specifies otherwise. IBM is responsible for loss of or damage to, your Machine while it is 1) in IBM’s possession or 2) In transit in those cases where IBM is responsible for the transportation charges. Any feature, conversion, or upgrade IBM services must be installed on a Machine which is 1) for certain Machines, the designated, serial-numbered Machine and 2) at an engineering-change level compatible with the feature, conversion, or upgrade. IBM manages and installs selected engineering changes that apply to IBM Machines and may also perform preventive maintenance. You agree to: 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. Replacements 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. Items Not Covered 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. Warranty Service Upgrade 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 for warranty Service upgrade.

Appears in 1 contract

Sources: Customer Agreement

Service for Machines. IBM provides certain types of Service to keep Machines in, or restore them to, conformance with their specifications. IBM will inform you of the available types of Service for a Machine. At its discretion, IBM will 1) either repair or exchange the failing Machine and 2) provide the Service either at your location or a service center. When the type of Service requires that you deliver the failing Machine to IBM, you agree to ship it suitably packaged (during prepaid unless IBM specifies otherwise) to a location IBM designates. After IBM has repaired or exchanged the Machine, IBM will return it to you at its expense unless IBM specifies otherwise. IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’s possession or 2) in transit in those cases where IBM is responsible for the transportation charges. Any feature, conversion, or upgrade IBM services must be installed on a Machine which is 1) for certain Machines, the designated, serial-numbered Machine and after warranty)2) at an engineering-change level compatible with the feature, conversion, or upgrade. IBM manages and installs selected engineering changes that apply to IBM Machines and may also perform preventive maintenance. You agree to: 1. a. obtain authorization from the owner to have IBM service a Machine that you do not own; and 2. b. where applicable, before IBM provides Service.Service – a. c. follow the problem determination, problem analysis, and service request procedures that IBM provides, b. d. secure all programs, data, and funds contained in a Machine, and c. e. 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 it 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, called “CRUs”), e.g., 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 any capacity or capability, other than that authorized by IBM in writing. For certain MachinesWhen you order Machine maintenance Service under this Agreement, IBM will inform you of the date on which maintenance Service will begin. IBM may inspect the Machine within one month following that date. If the Machine is not in an acceptable condition for service, you may select have IBM restore it for a Service upgrade from the standard type of warranty Service charge. Alternatively, you may withdraw your request for the Machinemaintenance Service. IBM charges However, you will be charged 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 any maintenance Service which IBM has performed at the same type of Service you selected for warranty Service upgradeyour request.

Appears in 1 contract

Sources: Ibm Agreement for Services Including Maintenance