Appendix A. Product warranties and notices 51IBM or your reseller provides certain types of repair and exchange service, either atyour location or at a service center, to keep Machines in, or restore them to,conformance with their Specifications. IBM or your reseller will inform you of theavailable types of service for a Machine based on its country of installation. IBM mayrepair the failing Machine or exchange it at its discretion.When warranty service involves the exchange of a Machine or part, the item IBM oryour reseller replaces becomes its property and the replacement becomes yours. Yourepresent that all removed items are genuine and unaltered. The replacement may notbe new, but will be in good working order and at least functionally equivalent to theitem replaced. The replacement assumes the warranty service status of the replaceditem.Any feature, conversion, or upgrade IBM or your reseller services must be installed ona Machine which is 1) for certain Machines, the designated, serial-numbered Machineand 2) at an engineering-change level compatible with the feature, conversion, orupgrade. Many features, conversions, or upgrades involve the removal of parts andtheir return to IBM. A part that replaces a removed part will assume the warrantyservice status of the removed part.Before IBM or your reseller exchanges a Machine or part, you agree to remove allfeatures, parts, options, alterations, and attachments not under warranty service.You also agree to1. ensure that the Machine is free of any legal obligations or restrictions that preventits exchange;2. obtain authorization from the owner to have IBM or your reseller service aMachine that you do not own; and3. where applicable, before service is provideda. follow the problem determination, problem analysis, and service requestprocedures that IBM or your reseller provides,b. secure all programs, data, and funds contained in a Machine,c. provide IBM or your reseller with sufficient, free, and safe access to yourfacilities to permit them to fulfill their obligations, andd. inform IBM or your reseller of changes in a Machine’s location.IBM is responsible for loss of, or damage to, your Machine while it is 1) in IBM’spossession or 2) in transit in those cases where IBM is responsible for thetransportation charges.Neither IBM nor your reseller is responsible for any of your confidential, proprietaryor personal information contained in a Machine which you return to IBM or yourreseller for any reason. You should remove all such information from the Machineprior to its return.Production StatusEach IBM Machine is manufactured from new parts, or new and used parts. In somecases, the Machine may not be new and may have been previously installed.Regardless of the Machine’s production status, IBM’s appropriate warranty termsapply.Limitation of LiabilityCircumstances 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 thebasis on which you are entitled to claim damages from IBM (including fundamental