6Warranty ServiceTo obtain warranty service for the Machine, contact your reseller or IBM. You may be requiredto present proof of purchase.IBM or your reseller provides certain types of repair and exchange service, either at yourlocation or at a service center, to keep Machines in, or restore them to, conformance with theirSpecifications. IBM or your reseller will inform you of the available types of service for aMachine based on its country of installation. IBM may repair the failing Machine or exchange itat its discretion.When warranty service involves the exchange of a Machine or part, the item IBM or yourreseller replaces becomes its property and the replacement becomes yours. You represent that allremoved items are genuine and unaltered. The replacement may not be new, but will be in goodworking order and at least functionally equivalent to the item replaced. The replacement assumesthe warranty service status of the replaced item.Any feature, conversion, or upgrade IBM or your reseller services must be installed on aMachine which is 1) for certain Machines, the designated, serial-numbered Machine and 2) at anengineering-change level compatible with the feature, conversion, or upgrade. Many features,conversions, or upgrades involve the removal of parts and their return to IBM. A part thatreplaces a removed part will assume the warranty service status of the removed part.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 to1. ensure that the Machine is free of any legal obligations or restrictions that prevent itsexchange;2. obtain authorization from the owner to have IBM or your reseller service a Machine thatyou do not own; and3. where applicable, before service is provideda. follow the problem determination, problem analysis, and service request proceduresthat 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 your facilities topermit them to fulfil 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's possession or2) in transit in those cases where IBM is responsible for the transportation charges.Neither IBM nor your reseller is responsible for any of your confidential, proprietary or personalinformation contained in a Machine which you return to IBM or your reseller for any reason.You should remove all such information from the Machine prior to its return.Production StatusEach IBM Machine is manufactured from new parts, or new and used parts. In some cases, theMachine may not be new and may have been previously installed. Regardless of the Machine'sproduction status, IBM's appropriate warranty termsapply.Limitation of LiabilityCircumstances may arise where, because of a default on IBM's part or other liability, you areentitled to recover damages from IBM. In each such instance, regardless of the basis on whichyou 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