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IBM provides Hardware Maintenance Support to all its PC range of systems either directly or through Warranty Service Providers (WSPs)*. These WSPs are carefully chosen and trained by IBM to maintain IBM PC products. The Warranty Service will be available to you from Monday to Friday between 9 AM and 5.30 PM on all IBM working days. The Hardware Limited Warranty support will cover all IBM PC products. However, the period and type of support are governed by the following currently valid WARRANTY TABLE:

The above warranty services are applicable for India only. You can also avail of International Warranty Service (IWS). For more details on IWS, please contact the PC WSP Manager at any of the IBM Regional Offices.

On-site Service
On-site Service implies that IBM or an WSP will provide Hardware Maintenance Services at your site if it is located within Municipal Limits of the respective IBM/WSP location. For customers who are located outside Municipal Limits, the option of carry-in-service at no additional charge or on-site service at additional charges are available.

Carry-in-service
Carry-in-service implies that IBM will provide Hardware Maintenance Services at their Carry-in Repair Centres mentioned overleaf.

To avail these services, you need to deliver the product to the nearest IBM Carry-in Repair Centre, and arrange to pick up the system after repairs.

Hardware Maintenance Services
Hardware Maintenance Services implies that IBM or its WSP will repair or replace any items or unit in the PC products so as to ensure its satisfactory functioning during the warranty period. To enable IBM or its WSP to smoothly discharge this warranty obligation, you will have to make the system available to the engineers at your site or at any IBM Carry-in Repair Centre as applicable.

You will find that standard warranty services mentioned above cover most of your service requirements. In addition, you also have the option of choosing other value-added services which are available to you through the 'IBM ServicePac'. Under these Warranty and Maintenance services, for ThinkPad you will have such facilities as 'Warranty Extension from 1 to 3 years', 'OS and configuration support', 'Pick up and Delivery', etc. For CDT, 'Labour support for second and third years'. And for Servers, we offer 'On-site services including installation, configuration and support on Networking OS'. For more information on how you can avail yourself of these special services mail us the enclosed response coupon today.

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Exclusions:
Hardware Warranty Service does not include service where a defect is caused by:

• Improper use, Customer negligence or failure to follow any instructions/precautions communicated to by IBM/WSP.
• Failure to provide suitable physical/electrical or specified operating environment.
• Modifications to the IBM machine.
• Additional attachments of non-IBM products or peripherals.
• The IBM machine is beyond product hardware life cycle.
• Software, operational and environmental faults.
• Systems failures, data loss/corruption or other consequences arising from Virus infections.
• Re-location/or re-siting of systems.
• Lack of user/operator education, training, awareness of systems configurations, operations, usage precautions and Product settings (Hardware and Software) parameters.
• Service not done by IBM/WSP.
• Accidents, damage caused by rodents or pests, fire, flood, lightning, earthquake or natural disasters and other such events over which IBM has no control.

IBM Warranty coverage does not include the following:

• Installation of additional Hardware, Software and Networking connectivity.
• Configuration of Drivers, NetWare Optimisation, BIOS updates.
• System/Data recovery.
• Magnetic media like cartridges, tapes, floppies, Zip disks, etc.
• Functionality & compatibility of third-party option.
• Integration of third party hardware.
• Any warranties, additional service offerings or commitments provided by any of our WSPs/Distributors or any other vendor.

Force Majeure
IBM/WSP will not be liable in any manner whatsoever in the event prevented or delayed in the performance of any of its obligations due to conditions constituting Force Majeure, which shall include but not limited to, outbreak of war/diseases, strikes, curfew, concerted action of workmen, riots, communication failure, natural disasters, accidents, regulations of the Government of India or any other foreign country, etc.

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All disputes, differences, claims and demands arising under or pursuant to or touching the warranty shall be referred to and decided by arbitration of Bangalore, under and in accordance with the provisions of the Indian Arbitration law for the time being in force.

Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held in Bangalore, India in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.

The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Bar Council of India. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.

If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.

IBM Statement of Limited Warranty Z125-4753-06 8/2000
Part 1 - General Terms
This Statement of Limited Warranty includes Part 1 - General Terms and Part 2 - Country Unique Terms. The terms of Part 2 replace or modify those of Part 1. The warranties provided by IBM in this Statement of Limited Warranty apply only to Machines you purchase for your use, and not for resale, from IBM or its WSP. The term "Machine" means an IBM machine, its features, conversions, upgrades, elements, or accessories, or any combination of them. The term "Machine" does not include any software programs, whether pre-loaded with the Machine, installed subsequently or otherwise. Unless IBM specifies otherwise, the following warranties apply only in the country where you acquire the Machine. Nothing in this Statement of Limited Warranty affects any statutory rights of consumers that cannot be waived or limited by contract. If you have any questions, contact IBM or its WSP.

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The IBM Warranty for Machines
IBM warrants that each Machine 1) is free from defects in materials and workmanship and 2) conforms to IBM's Official Published Specifications ("Specifications"). The warranty period for a Machine is a specified, fixed period commencing on its Date of Installation. The date on your sales receipt is the Date of Installation unless IBM or its WSP informs you otherwise.

Extent of Warranty
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible. The warranty is voided by removal or alteration of Machine or parts identification labels. THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.

Items Not Covered by Warranty
IBM does not warrant uninterrupted or error-free operation of a Machine.
Any technical or other support provided for a Machine under warranty, will be provided WITHOUT WARRANTIES OF ANY KIND.

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To obtain warranty service for a Machine, contact IBM or its WSP. If you do not register your Machine with IBM, you may be required to present proof of purchase. During the warranty period, IBM or its WSP, if approved by IBM to provide warranty service, provides without charge certain types of repair to keep Machines in, or restore them to, conformance with their Specifications. You are responsible for downloading designated Machine Code and Licensed Internal Code updates from an IBM Internet Web site or from other electronic media, and following the instructions that IBM provides.

When warranty service involves the exchange of a part, the item IBM or its WSP 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. Many features, conversions, or upgrades involve the removal of parts and their return to IBM. A part that replaces a removed part will assume the warranty service status of the removed part.

Before IBM or its WSP exchanges a 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 authorisation from the owner to have IBM or its WSP service a Machine that you do not own; and
3. where applicable, before service is provided:

1. follow the problem determination, problem analysis, and service request procedures that IBM or its WSP provides;
2. secure all programs, data, and funds contained in a Machine;
3. provide IBM or its WSP with sufficient, free, and safe access to your facilities to permit them to fulfill their obligations; and
4. inform IBM or its WSP of changes in a Machine's location.

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. Neither IBM nor its WSP is responsible for any of your confidential, proprietary or personal information contained in a Machine which you return to IBM or its WSP for any reason.
3. You should remove all such information from the Machine prior to its return.

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Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than:

1. liability for bodily injury (including death) or damage to real property and tangible personal property limited to that caused by IBM's negligence; and
2. 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.

This limit also applies to any of IBM's subcontractors and Program developers. its subcontractors and Program developers are collectively responsible.

Items for Which IBM is Not Liable
Under no circumstances is IBM, its subcontractors, or Program developers liable for any of the following even if informed of their possibility:

1. loss of, or damage to, data;
2. special, incidental, or indirect damages or for any economic consequential damages; or
3. lost profits, business, revenue, goodwill, or anticipated savings.

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IBM Warranty Service Providers (WSP)
WSPs are independent third party IBM Business Partners, appointed by IBM to provide Hardware Warranty Services. During the warranty period, IBM or its WSP will provide the type of service and warranty for the period designated for the Product as published on the Product announcement. WSP(s) will provide Hardware Warranty Services, covering either Labour or Parts, or both as announced for each eligible Product(s). These services will be available during normal working hours on all IBM / WSP working days. Where any service involves replacement of a Product or part, the standard Limited Warranty Service applies.

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IBM on-site Repair (IOR) - Warranty Service performed at Customer's location for eligible Products designated by IBM within the boundary of Municipal/Corporation limits and the adjoining suburbs of the service provider location i.e. IBM or its WSP. On-site repairs beyond the support radius will be provided upon Customer's acceptance of relevant additional costs and applicable service response times, as determined by IBM.

Alternatively, Customers with On-site Repair have the option to approach a WSP directly taking responsibility, at their own cost and risk, for delivering and picking up their Products to and from the WSP location concerned.

Customer Carry-in-Repair (CCIR) - Warranty Service at designated Repair Centres mentioned in the last page. CCIR requires the customer to deliver the Product to the nearest IBM Repair Centre, and subsequently self-collect the system after repairs.

For a feature conversion, or upgrade, IBM or its WSP may require that the Product on which it is installed be

1. the designated, serial-numbered Product and
2. at an engineering-change level compatible with the feature, conversion, or upgrade.

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