Return of Equipment Not Leased by IGF:
From time to time we receive equipment from lessees that we did not lease to them. Please be advised that, except as expressly specified in your lease with us, you are only permitted to return to us the same item of equipment that we leased to you (i.e., same manufacturer, type, model number, and serial number asset). If equipment is sent to us that is not leased by IGF (unauthorized equipment) then: (i) you will have relinquished any and all right, title and interest you may have in the unauthorized equipment with title transferred to us. In that situation, title will pass to us free and clear of any liens, restrictions, or other obligations. At our option, we may (a) sell the unauthorized equipment and retain the proceeds of the sale, or (b) dispose of the unauthorized equipment. If the latter should occur, we will provide an invoice for our disposal fees and related expenses. These fees will be the same as what we would charge for the disposal of similar equipment. In no event will IGF have any liability or be subject to any claims or remedies which may arise in connection with our disposal of the unauthorized equipment.
Subject to the above terms, if we receive any unauthorized equipment that is PC equipment (defined below) that is of the same manufacturer, type, and model number as equipment you are leasing from us for which the term: (i) is scheduled to expire within one month following the date we receive the unauthorized equipment; (ii) has expired within one month preceding the date we receive the unauthorized equipment; or (iii) was automatically extended, in each case, in accordance with the terms of the lease, then we may, at our discretion, accept the unauthorized equipment as a substitute for a leased machine. If that occurs, the unauthorized equipment will become subject to all of the terms and conditions of the lease for the leased machine it replaces. In that event, IGF will have released all of our right, title and interest in the leased machine. For purposes of this paragraph, “PC Equipment” means personal computers, notebooks, tablets, monitors, Intel based servers, personal computer printers and other related personal computer equipment.
If we receive any unauthorized equipment that is not PC equipment and receive a written request within 30 days of receipt, sent to ASKEOL@us.ibm.com (or other contact address that we may provide in the future) to return the equipment to you, we will do that at your expense.
We may, but have no obligation to, remove any information, license programs, or any other data contained on the unauthorized equipment and shall not have any liability for the loss, destruction or disclosure of any such information, licensed programs, or any other data on any unauthorized equipment.
Please refer to your End of Lease Quote or Customer Centre for further clarification on this topic.