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IBM Nortel 10 User Manual

Page 55

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If

the

Machine

does

not

function

as

warranted

during

the

warranty

period

and

your

problem

cannot

be

resolved

over

the

telephone

or

electronically,

through

your

application

of

Machine

Code

or

software

updates,

or

with

a

CRU,

IBM

or

your

reseller,

if

approved

by

IBM

to

provide

warranty

service,

will

either,

at

its

discretion,

1)

repair

it

to

make

it

function

as

warranted,

or

2)

replace

it

with

one

that

is

at

least

functionally

equivalent.

If

IBM

is

unable

to

do

either,

you

may

return

the

Machine

to

your

place

of

purchase

and

your

money

will

be

refunded.

IBM

or

your

reseller

will

also

manage

and

install

selected

engineering

changes

that

apply

to

the

Machine.

Exchange

of

a

Machine

or

Part

When

the

warranty

service

involves

the

exchange

of

a

Machine

or

part,

the

item

IBM

or

your

reseller

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

service

status

of

the

replaced

item.

Your

Additional

Responsibilities

Before

IBM

or

your

reseller

exchanges

a

Machine

or

part,

you

agree

to

remove

all

features,

parts,

options,

alterations,

and

attachments

not

under

warranty

service.

You

also

agree

to:

1.

ensure

that

the

Machine

is

free

of

any

legal

obligations

or

restrictions

that

prevent

its

exchange;

2.

obtain

authorization

from

the

owner

to

have

IBM

or

your

reseller

service

a

Machine

that

you

do

not

own;

and

3.

where

applicable,

before

service

is

provided:

a.

follow

the

service

request

procedures

that

IBM

or

your

reseller

provides;

b.

backup

or

secure

all

programs,

data,

and

funds

contained

in

the

Machine;

c.

provide

IBM

or

your

reseller

with

sufficient,

free,

and

safe

access

to

your

facilities

to

permit

IBM

to

fulfill

its

obligations;

and

d.

inform

IBM

or

your

reseller

of

changes

in

the

Machine’s

location.

4.

(a)

ensure

all

information

about

identified

or

identifiable

individuals

(Personal

Data)

is

deleted

from

the

Machine

(to

the

extent

technically

possible),

(b)

allow

IBM,

your

reseller

or

an

IBM

supplier

to

process

on

your

behalf

any

remaining

Personal

Data

as

IBM

or

your

reseller

considers

necessary

to

fulfill

its

obligations

under

this

Statement

of

Limited

Warranty

(which

may

include

shipping

the

Machine

for

such

processing

to

other

IBM

Appendix

A.

IBM

Statement

of

Limited

Warranty

Z125-4753-08

04/2004

45