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<br />agreement, or 2) an on-order machine I' dvailable for delivery ?r
<br />delivellld to the Customer and the Customer falls to provide a SUit-
<br />able installation environment or delays installation.
<br />The Date of Installation for a feature or model conversion will be
<br />the day (Monday through Friday) following the day that the feature
<br />or model conversion is installed under this Agreement or under the
<br />applicable IBM lease or rental agreement.
<br />The installation of some features and model conversions invol-
<br />ves the removal of parts which become the property of IBM. IBM will
<br />specify in the Supplement if removed parts become the property
<br />of IBM. The Customer will provide IBM access to the machine to com-
<br />mence installing each such feature or model conversion as soon
<br />as possible after its shipment from IBM but in no event more than
<br />one month following the later of its Estimated Shipment Date or ac-
<br />tual date of shipment, unless a shorter period is specified in the
<br />Supplement In the event of failure by the Customer to provide IBM
<br />access to the machine within the specified period, the Customer
<br />shatl return the feature or model conversion to IBM with shipping
<br />charges prepaid, unless otherwise agreed to by IBM.
<br />It the Customer delays instailation of a feature or model conver-
<br />sion (other than one which involves the removal of parts which be-
<br />come the property of IBM) more than one month trom the later of
<br />its Estimated Shipment Date or actual date of shipment from IBM,
<br />its Date of Installation will be considered to be the day (Monday
<br />through Friday) one month following such date of shipment
<br />IBM will notify the Customer of the Date of Installation of each
<br />on-order machine, feature or model conversion.
<br />
<br />Customer Set-Up
<br />
<br />Each machine, feature or model conversion identified by IBM as
<br />Customer Set-Up (CSU), and all machine elements and acces-
<br />sories, will be set up by the Customer in accordance with the in-
<br />structions furnished by IBM.
<br />The Date of Installation will be the day (Monday through Friday)
<br />following the day the machine, feature, model conversion,
<br />machine element or accessory is considered to be installed under
<br />this Agreement or under the applicable IBM lease or rental agree-
<br />ment.
<br />An on-order CSU machine will be considered to be installed on
<br />the last day of the CSU allowance period specified by IBM for such
<br />machine. The CSU allowance penod, which does not Include
<br />Saturdays or Sundays, commences on the day (Monday through
<br />Friday) following the date of receipt of the machine at the Custom-
<br />er's premises. However, when a CSU machine IS delivered In con-
<br />junction with, and for attachment to, a non-CSU machine delivered
<br />from IBM, such CSU machine will be considered to be installed as
<br />determined in this paragraph or on the date such non-CSU
<br />machine is installed, whichever is later.
<br />An on-order CSU feature or model conversion, machine ele-
<br />ment or accessory will be considered to be installed one month fol.
<br />lowing the later of its Estimated Shipment Date or its actual date
<br />of shipment from IBM.
<br />
<br />PURCHASE OF INSTALLED MACHINES
<br />
<br />The Purchase Price stated in the Suppiement is exclusive of any
<br />charges which are due or may become due under the applicable
<br />IBM lease or rental agreement. The Effective Date of Purchase for
<br />installed Machines shall be the later of the first day of the Quotation
<br />Month or the day on which tile payment required under the Section
<br />entitied "Prices and Payment" is received by IBM at its IBM Branch
<br />Office or Remit to Address shown in the Supplement, provided
<br />such receipt is not later than the last day of the Quotation Month.
<br />The Machines will be terminated under the applicable IBM lease or
<br />rental agreement as of the day immediately preceding the Effec-
<br />tive Date of Purchase.
<br />
<br />WARRANTIES
<br />
<br />Machines purchased under this Agreement will be 1) newly
<br />manufactured by or for IBM from new and serviceable used parts
<br />which are equivalent to new in performance in these Machine~, 2)
<br />assembled by or for IBM from serviceable used parts, 3) Machines
<br />which have been previously installed, or 4) Machines which are
<br />presently installed with the Customer.
<br />IBM warrants that on the Date of Installation each on-order
<br />Machine will be in good working order and will conform to IBM'S offi-
<br />cial published specifications which are available upon request.
<br />The Warranty Period for each Machine. specified in the Supple.
<br />ment, commences on its Date of Installation as defined in the Sec-
<br />tion entitled "Installation."
<br />
<br />INSTALLED MAo.;HINES PURCHASED AFTER THEIR
<br />WARRANTY PERIOD HAS EXPIRED ARE SOLD ON AN "AS
<br />IS" BASIS.
<br />
<br />Service and Parts Warranty
<br />
<br />Commencing on the Date of Instaliation of each on-order
<br />machine, model upgrade and feature addition, or on the Effective
<br />Date of Purchase of each installed machine. model upgrade and
<br />feature addition, and continuing for the duration or remainder, if
<br />any. of the Warranty Period, IBM agrees to provide the availability of
<br />warranty service, at no additional charge except as set forth in thiS
<br />Section or in the Section entitled "Travel Expense," to keep the
<br />machines, model upgrades and feature additions in, or restore
<br />them to. good working order. This warranty service includes pre-
<br />ventive maintenance based upon the speCIfic needs of indIVIdual
<br />machines, model upgrades and feature additions as determin.ed
<br />by IBM and on-call remedial maintenance. Such warranty service
<br />will include lubrication, adjustments and replacement of parts
<br />deemed necessary by IBM. Parts, which may be used parts, will be
<br />furnished on an exchange basis, and the replaced parts become
<br />the property of IBM. .
<br />Warranty service will be available at no additional charge dUring
<br />the hours specified in the Supplement. Outside such ,hours, war-
<br />ranty service, if requested by the Customer and proVided by IBM,
<br />will be subject to charge for travel expense plus travel, wailing and
<br />service time at IBM'S then applicable hourly servIce rates and mini-
<br />mum charges; however, there will be no additional charge for
<br />parts. . .
<br />Warranty service under thiS. Agreement does ':lot as~ure uninter-
<br />rupted operation of the Machines. IBM may, at ItS option, store on
<br />the Customer's premises maintenance equipment and/or parts
<br />that IBM deems necessary to fulfill this warranty.
<br />During the Warranty Period, engineering changes determined
<br />applicable by IBM will be controlled ar:'d. instal!ed by .IBM on t~e
<br />Machines. The Customer may, by providing notice subject to Writ-
<br />ten confirmation by IBM, elect to have only mandatory changes, as
<br />determined by IBM, installed on the Machines.
<br />IBM shall have full, free and safe access to the Machines to pro-
<br />vide service thereon. The Customer shall promptly inform IBM of
<br />any change in the Machines' location during the Warranty Period.
<br />If the Warranty Period expires on a Friday or Saturday, it will be
<br />extended so that the last day of such Warranty Period will be on the
<br />following Sunday.
<br />
<br />Programming
<br />
<br />IBM warrants that, when shipped to the Customer, programming
<br />designated by IBM for use with a Machine and for which pro~ram-
<br />ming services are available will conform to IBM'S offiCial published
<br />specifications which are available upon request.
<br />IBM does not warrant that functions contained in programming
<br />wiil operate in the combinations which may be selected for use by
<br />the Customer or will meet the Customer's requirements.
<br />ALL OTHER PROGRAMMING IS DISTRIBUTED ON AN "AS
<br />IS" BASIS.
<br />
<br />Additional Provisions for
<br />Features and Model Conversions
<br />
<br />IBM's warranty for each feature addition or model upgrade re-
<br />quires that the machine on which it is installed is atthe then cur-
<br />rent engineering-change level, IS the speCifiC senal-n.~mbered
<br />machine for which it was ordered and has been modIfied only
<br />with changes obtained from IBM specifically for that s~rial-num-
<br />bered machine. If these conditions are not met, IBM Will attempt
<br />to install non-CSU feature additions and model upgrades on the
<br />machine, and, if such attempt results in an inc~rrectly funct~oning
<br />machine, upon Customer request and at IBM S then apphca~le
<br />hourly service rates and minimum charges, parts and matenal
<br />prices and travel expense, IBM will remove the features and/or
<br />model upgrades and restore the machine to its prior condition. If
<br />such features and model upgrades did not involve the removal of
<br />parts which became the property of IBM, such features and model
<br />upgrades remain the property of the Customer. It such features
<br />and model upgrades involved the removal of parts which be-
<br />came the property of IBM, such features and model upgrades be-
<br />come the property of IBM and the restored parts become the
<br />property of the Customer.
<br />For a feature removal, model downgrade or reinstallation of a
<br />previously purchased feature or mod.e.l conversio,:, a three-
<br />month parts warranty will apply to additional parts, If any, sup-
<br />plied by IBM.
<br />
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