|
<br />The warranty period for an ICA Program expires when its Program Services are no longer available, During the war-
<br />ranty period, IBM provides defect-related Program Services without charge. Program Services are available for a war-
<br />ranted ICA Program for at least one year following its general availability.
<br />
<br />If an ICA Program does not function as warranted during the first year after you obtain your license and IBM is unable
<br />to make it do so, you may return the ICA Program and your money will be refunded. To be eligible, you must have ob-
<br />tained your license while Program Services (regardless of the remaining duration) were available for it. Additional
<br />terms regarding Program Services are contained in Part 4.
<br />
<br />Warranty for IBM Services
<br />IBM warrants that it performs each IBM Service using reasonable care and skill and according to its current description
<br />(including any completion criteria) contained in this Agreement, an Attachment, or a Transaction Document.
<br />
<br />Warranty for Systems
<br />Where IBM provides Products to you as a system, IBM warrants that they are compatible and will operate with one an-
<br />other, This warranty is in addition to IBM's other applicable warranties.
<br />
<br />2.2 Extent of Warranty
<br />If a Machine is subject to federal or state consumer warranty laws, IBM's statement of limited warranty included with
<br />the Machine applies in place of these Machine warranties.
<br />
<br />The warranties stated above will not apply to the extent that there has been misuse (including but not limited to use of
<br />any Machine capacity or capability, other than that authorized by IBM in writing), accident, modification, unsuitable
<br />physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance
<br />by you, or failure caused by a pr09uct for which IBM is not responsible. With respect to Machines, the warranty is
<br />voided by removal or alteration of Machine or parts identification labels,
<br />
<br />THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR
<br />CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
<br />CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br />
<br />Items Not Covered by Warranty
<br />
<br />IBM does not warrant uninterrupted or error-free operation of a Product or Service or that IBM will correct all defects,
<br />
<br />IBM will identify IBM Machines and ICA Programs that it does not warrant.
<br />
<br />Unless IBM speCifies otherwise, it provides Materials, non-IBM Products, and non-IBM Services WITHOUT
<br />WARRANTIES OF ANY KIND, However, non-IBM manufacturers, developers, suppliers, or publiShers may provide
<br />their own warranties to you, Warranties, if any, for Other IBM Programs and Non-IBM Programs may be found in their
<br />license agreements,
<br />
<br />Part 3 . Machines
<br />
<br />3.1 Production Status
<br />Each IBM Machine is manufactured from parts that may be new or used. In some cases, a Machine may not be new
<br />and may have been previously installed, Regardless, IBM's appropriate warranty terms apply.
<br />
<br />3.2 Title and Risk of Loss
<br />When IBM accepts your order, IBM agrees to sell you the Machine described in a Transaction Document. IBM trans-
<br />fers title to you or, if you choose, your le~sor when IBM ships the Machine, However, IBM reserves a purchase money
<br />security interest in the Machine until IBM receives the amounts due, For a feature, conversion, or upgrade involving
<br />the removal of parts which become IBM's property, IBM reserves a security interest until IBM receives payment of all
<br />the amounts due and the removed parts. You authorize IBM to file appropriate documents to permit IBM to perfect its
<br />purchase money security interest.
<br />
<br />For each Machine, IBM bears the risk of loss or damage up to the time it is delivered to the IBM-designated carrier for
<br />shipment to you or your designated location, Thereafter, you assume the risk. Each Machine will be covered by insur-
<br />ance, arranged and paid for by IBM for you, covering the period until it is delivered to you or your designated location.
<br />For any loss or damage, you must 1) report the loss or damage in writing to IBM within 10 business days of delivery
<br />and 2) follow the applicable claim procedure,
<br />
<br />3.3 Installation
<br />You agree to provide an environment meeting the specified requirements for the Machine,
<br />
<br />IBM has standard installation procedures. IBM will successfully complete these procedures before it considers an IBM
<br />Machine (other than a Machine for which you defer installation or a Customer-set-up Machine) installed,
<br />
<br />You are responsible for installing a Customer-set-up Machine and, unless IBM agrees otherwise, a non-IBM Machine.
<br />
<br />Machine Features, Conversions and Upgrades
<br />IBM sells features, conversions and upgrades for installation on Machines, and, in certain instances, only for installa-
<br />tion on a designated, serial-numbered Machine, Many of these transactions involve the removal of parts and their re-
<br />turn to IBM. As applicable, you represent that you have the permission from the owner and any lien holders to 1) install
<br />features, conversions, and upgrades and 2) transfer ownership and possession of removed parts (which become IBM's
<br />
<br />4575-07 (EU) (MK076) Page 7 of 10
<br />City of Sunny Isles Beach, Florida IBM Customer Agreement 07-2006.doc
<br />
<br />SIB
<br />
|