December 20,1997
International Business Machines Corporation
P.O. Box 12195
Research Park Triangle, NC 27709
[Name and Address Removed]
RE: Case # *******
Dear Mr. [Name Removed]
This is a Release Agreement between you, (collectively "You" or "Your") and International Business Machines Corporation ("IBM"). You have expressed your dissatisfaction with your IBM Aptiva, due to repeated Mwave problems. IBM values our relationship with You as a customer and we wish to resolve this matter with you.
Therefore, You and IBM agree as follows:
IBM will provide you with a 56K modem card to use in conjunction with your existing Mwave card. You agree to provide a valid purchase receipt before we process the replacement order.
In consideration of these mutual promises, You hereby release and discharge IBM and its respective officers, directors, agents, employees, subsidiaries, representatives, successors and assigns of all claims, demands, debts, damages, duties, causes of action, actions, and suits whatsoever, in law or equity, which you now have or to which You may hereafter become entitled, on account of any fact, failure to act, or event occurring prior to the date of this Release Agreement, including claims and damages not yet ascertainable, if there be any, as well as those known, and you hereby acknowledge satisfactions thereof..
You acknowledge that in executing this Release Agreement You are not relying on any inducements, promises, or representations made by IBM, with the exceptions of the consideration cited herein. Neither this Release Agreement nor anything contained herein, nor any action taken by IBM and Yourself in performance of our obligation hereunder shall be construed as evidence of the validity of the aforesaid claims nor an admission of the same by IBM. This is the entire agreement between us regarding your complaint and supersedes all prior understandings an discussions, whether oral or written, between us. Neither this agreement nor nay modification to this agreement shall be binding unless signed by both of us.
Finally, You agree by Your signature below, and in further consideration of the above, the terms and conditions of this Release Agreement and the underlying circumstances are not to be published or disclosed by You without the prior written consent of IBM.
Please indicate Your acceptance of this offer, and Your agreement to maintain it in confidence, by signing in the space provided below and returning it to me as soon as possible. IBM will arrange for the action in the second paragraph above after the signed copy of this document along with a copy of your proof of purchase is received back from you. If a signed copy of this agreement is not received by IBM for you before December 30,1997, the offer herein will be null and void.
Thank you for your cooperation.
Sincerely,
[Name Removed]
IBM Personal Systems Group
Executive Customer Relations
Print Name: _______________________
Signature: _________________________
Date: _____________________________
