IBM MSSB Announcement

The purpose of this bulletin is to define IBM’s relationship with its customers in a Multiple Supplier System environment. A Multiple Supplier System contains IBM machines and non-IBM machines from other suppliers. It may also contain alterations to IBM machines.

In a Multiple Supplier System, IBM may provide Warranty or Maintenance Services for IBM machines. IBM also provides the availability of Maintenance Services for selected non-IBM machines.

Section 1. Definitions

Built-in-Capacity is computing resources or capabilities that are to remain inactive, or whose use is restricted, until the right to access and use the resources or capabilities is acquired from IBM. Examples of such computing resources or capabilities include but are not limited to processors, memory, storage, processing capacity identified as interactive processing capacity, and workload specific resources or capabilities (such as a specific operating system, programming language or application to which use of the Machine is limited).
Licensed Internal Code (called ‘LIC”) is Machine Code used by certain machines IBM specifies (called “Specific Machines”). LIC is licensed under the terms of the agreement provided with it, and only for use by the rightful possessor of a Specific Machine.
A non-IBM machine is another supplier’s machine or an ancillary product used with an IBM machine.
Machine Code is microcode, basic input/output system code (called “BIOS”), utility programs, device drivers, and diagnostics delivered with an IBM machine. Machine Code may be licensed under the terms of a license agreement provided with it.
Maintenance Service is the service described in the IBM Customer Agreement and all IBM Maintenance Services Agreements and the Agreement for Lease or Rental of IBM Machines. Maintenance Services consists of repair or exchange service for IBM machines and selected non-IBM machines.
Warranty Service is the service described in an IBM Customer Agreement (or equivalent), IBM Agreement for Machines or in an IBM Statement of Limited Warranty.
An alteration is any change (modification) made to an IBM machine which deviates from IBM’s physical, mechanical, electrical or electronic design (including Machine Code and LIC) whether or not additional devices or parts are used. NOTE: Alterations which defeat or circumvent IBM technological measures that IBM has designed specifically to prevent the unauthorized use of, or access to, some or all of a machine’s capability, including Built-in-Capacity, for which you do not have authorization from IBM, if not immediately removed, may result in the voiding of the machine’s warranty. An alteration is also any interconnection to an IBM machine, at other than an IBM defined interface, of 1) an IBM machine, 2) non-IBM machine, or 3) any other product. An interconnection to an IBM machine that is below the machine’s external user interface or not within the machine’s announced specified operating environment may also constitute an alteration.
An attachment is a non-IBM machine installed in, or connected, directly or indirectly, to an IBM machine at an IBM defined interface. The connection may be mechanical, electrical or electronic. An attachment that is below the machine’s external user interface or not within the machine’s announced specified operating environment may also constitute an alteration.
An ancillary product is any non-IBM product, other than an alteration or attachment, which is used in or with an IBM machine in an IBM defined manner. Examples of ancillary products include removable storage media, paper, cards, toner, ribbons, other supplies and accessories. In some instances, an ancillary product may constitute an alteration.

Section 2. Alterations to IBM Machines

If an IBM machine under Warranty or IBM Maintenance Services is altered, IBM requires that the machine be promptly inspected. After inspection, IBM will make available Warranty and Maintenance Services only as long as it is safe and practical for IBM service personnel to do so using standard IBM tools, diagnostics, training, documentation, and parts. IBM will not provide Warranty and Maintenance Services if any portion of an IBM machine is altered such that IBM technological measures designed specifically to prevent the unauthorized use of, or access to, some or all of a machine’s capability, including Built-in-Capacity, have been defeated or circumvented.

Upon customer request, IBM personnel will attend a joint meeting with the customer and any other supplier whose products are in the Multiple Supplier System. The purpose of this meeting is to achieve an understanding of each party’s responsibilities.

Section 3. Customer Responsibilities

Alterations

For machines owned by IBM, the customer shall notify the local IBM office, in writing, of any alterations made to these machines. The customer shall also promptly notify IBM following the removal of an alteration.

For machines not owned by IBM for which IBM is responsible for Warranty or Maintenance Services the customer shall promptly notify IBM upon the completion of any installation, reinstallation, modification or removal of an alteration.

After the customer notifies IBM, IBM will schedule an inspection during normal business hours, at the customer’s expense, to determine if:

IBM can continue to provide IBM Warranty or Maintenance Service for the unaltered portion of the machine , and any apparent safety hazards exist.
IBM may request, and the customer should make available, a nonproprietary description of the alteration to help IBM in completing the safety portion of an inspection and to assist in defining the unaltered portion of the machine.

Attachments and Ancillary Products

The customer may make attachments to, or use ancillary products with, an IBM machine without notice to IBM. IBM will provide Warranty or Maintenance Service on IBM machines with attachments and ancillary products, however, we may request that the customer remove the attachment or ancillary product so service can be performed.

Warranty and Maintenance Services do not include repair of machines for failures or damage caused by attachments or ancillary products. Some attachments and ancillary products may require removal for IBM to provide Warranty or Maintenance Services. Attachments and ancillary products may also constitute an alteration.

The customer is responsible for the selection, compatibility and use of any non-IBM attachments and ancillary products and the results obtained from their use. The customer is also responsible to ensure that any non-IBM attachments and ancillary products used with an IBM machine meet all applicable national and local requirements including any applicable environmental requirements.

Section 4. Inspection

Alterations

IBM will require an inspection of the machine to determine the continued availability of IBM Warranty or Maintenance Services. IBM service personnel will perform the inspection during normal business hours after learning of the installation, reinstallation, modification or removal of an alteration to or from such machine. The inspection will determine IBM’s ability to service the unaltered portion of the machine. IBM will give the customer the results of the inspection on a Customer Information Form.

IBM will promptly tell the customer of any limitation, resulting from the alteration, affecting IBM’s ability to provide Warranty or Maintenance Service. IBM will also note any concerns resulting from this limitation on the Customer Information Form. IBM will not 1) design special tests for the unaltered portion of an IBM machine or for an alteration or 2) make engineering analyses in an attempt to determine possible effects of an alteration. During an inspection, IBM will use standard tests and procedures. IBM developed these tests and procedures for use during installation, Warranty or Maintenance Service of IBM machines, features, upgrades or model conversions.

The IBM inspection will check for apparent safety hazards, disabled diagnostics, modifications to IBM’s electrical or electronic design (including Machine Code or LIC), circumvention of IBM technological measures for Built-in Capacity, electromagnetic compatibility levels (if applicable), access restrictions, parts and wiring not readily distinguished from IBM parts and wiring, and correct operation of the unaltered portion of the IBM machine. IBM may check for other items as appropriate during an inspection.

The inspection does not take into account the complexity of an alteration. Therefore, it may not detect all problems which result from such alteration.

The customer should correct any items which IBM notes on the Customer Information Form before IBM will continue servicing the machine. This should help reduce the risk of extended system or machine outages.

Attachments and Ancillary Products

IBM does not require an inspection of attachments and ancillary products when connected to an IBM machine. However, if the attachment or ancillary product does constitute an alteration, then an inspection will be required if the alteration renders the machine unserviceable.

Section 5. Warranty Service and Maintenance Approach

IBM’s approach to Warranty or Maintenance Service applies to the unaltered portion of an altered IBM machine which IBM has inspected and determined that no safety hazard exists. If, at any time, IBM determines that a safety hazard exists, IBM will suspend Warranty or Maintenance Services until the customer has the hazard removed. It also applies to an IBM machine for which the electrical or electronic design (including Machine Code or LIC) has been modified or IBM technological measures for Built-in Capacity have been defeated or circumvented. If, at any time, IBM technological measures for Built-in Capacity have been defeated or circumvented, IBM will suspend Warranty or Maintenance Services until the customer restores the machine to its original state.

Alterations

In maintaining the unaltered portion of an altered IBM machine, IBM service personnel will use the tools, diagnostics, maintenance procedures and other maintenance documentation normally supplied by IBM for the IBM machine. If, at any time, IBM determines that IBM’s use of these materials or techniques is impaired, IBM will notify the customer in writing that the alteration has made servicing the machine impractical. IBM will ask the customer to eliminate the alteration before IBM will resume Warranty or Maintenance Services.

Attachments and Ancillary Products

IBM will perform normal Warranty or Maintenance Services if IBM’s diagnostic efforts show that a failure is in the IBM machine. If IBM determines that a non-IBM machine in a Multiple Supplier System, which is not under an IBM Maintenance Services Agreement, 1) creates a safety hazard in an IBM machine or 2) renders maintenance of the IBM machine by IBM service personnel impractical, IBM will request in writing that the customer modify or remove such attachments and ancillary products, and if required, return the IBM machine to its normal unaltered condition. IBM will make this request to achieve a safe and practical service condition before continuing IBM Warranty or Maintenance Services.

Alterations, Attachments and Ancillary Products

IBM will require the removal of any alteration, attachment or ancillary product before continuing its servicing efforts if it restricts IBM from completing maintenance service, engineering changes, feature additions/removals, upgrades or model conversions.

IBM will attempt to complete Warranty or Maintenance Services in a timely and effective manner. However, the customer may experience extended outage if an alteration, attachment or ancillary product prevents IBM’s efforts to provide Warranty or Maintenance Service.

If IBM, at its sole discretion, decides to replace an IBM-owned machine, IBM will advise the customer of its intent and the scheduled date of replacement. In such event, the customer will be responsible for 1) removal of any alteration, attachment or ancillary product from the IBM-owned machine before its replacement, 2) any necessary restoration of the IBM-owned machine, and 3) any reinstallation of any alteration, attachment or ancillary product.

IBM will notify the customer if the inspection of an altered IBM machine shows that IBM will have serious difficulties in continuing Warranty or Maintenance Services for the unaltered portion of such machine. The intent of this notice is to permit the supplier and customer to resolve any problems before IBM resumes Warranty or Maintenance Services.

Section 6. Restoration

The customer is responsible for storing and safekeeping IBM parts removed as a result of an alteration to an IBM-owned machine. The customer is also responsible for the reinstallation of such parts when the alteration is removed.

Before discontinuing an IBM-owned machine, the customer is responsible to restore this machine to its normal, unaltered condition by removing all alterations which may include all altered IBM parts, all non-IBM parts, wiring, Machine Code and LIC. After such removal, the customer shall have IBM verify by an IBM inspection, at the customer’s expense and during normal business hours, that the IBM-owned machine is in good working order. The customer should review all contractual terms and conditions to ensure that all the restoration obligations have been fulfilled.

Section 7. Charges

IBM will provide the following activities for an additional charge:

Diagnose, adjust and/or repair the unaltered portion of an IBM machine when the need for such action is attributed to an alteration or attachment or non-IBM machine not covered under IBM Warranty or Maintenance Services;
Repair damage and replace parts due to other than normal wear or repetitive service calls caused by ancillary products;
An inspection after each installation, reinstallation, modification or removal of an alteration or of a restored IBM machine; (In addition, if in IBM’s judgment, IBM engineering personnel are required, charges for such personnel will include labor whenever required and travel and living expenses if visiting the inspection location).
Replace non-IBM parts or altered IBM parts; (The removed non-IBM parts or altered IBM parts remain the customer’s property).
Perform any additional activities described in IBM agreements.
The charges shall be based on IBM’s 1) then current hourly service rates, terms, conditions and minimum charges for service time, including travel and waiting time, 2) then current parts and material prices and 3) charges for travel and shipping expense, all as applicable.

Section 8. Liability

IBM assumes no responsibility for the continued validity of any Underwriters Laboratory listing, or other general certification, of an altered IBM machine. IBM does not assume liability for personal injury or property damages, including damages to an IBM machine, caused by an alteration, attachment or ancillary product. The customer assumes liability for any injury to IBM personnel, when such injury results from a safety hazard in an IBM machine caused by an alteration, attachment or ancillary product. IBM does not assume liability for any damage to an alteration, attachment or ancillary product when such damage is attributed to IBM’s use of its standard maintenance or other procedures.

Section 9. General

IBM’s provision of Warranty or Maintenance Services for IBM machines or non-IBM machines in a Multiple Supplier System does not constitute endorsement or certification by IBM of any alteration, attachment or ancillary product in such system.

Please direct questions about this Bulletin to your IBM representative.