The provision you have quoted requires the manufacturer to provide "service literature and functional parts" to service and repair facilities. It doesn't require them to interact with the customer in any way.

Question 1:

It's not meaningful to ask whether the product qualifies, and Tom's circumstances are not relevant. Regardless of what Tom bought and when, the manufacturer has to provide the literature / parts to the repair facility for 7 years after manufacture of the product type.

Question 2:

Giving the quoted provision it's ordinary language meaning, it seems unlikely that providing the repair facility with a different but similar product would be sufficient.

The provision you have quoted requires the manufacturer to provide "service literature and functional parts" to service and repair facilities. It doesn't require them to interact with the customer in any way.

Question 1:

It's not meaningful to ask whether the product qualifies, and Tom's circumstances are not relevant. Regardless of what Tom bought and when, the manufacturer has to provide the literature / parts to the repair facility for 7 years after manufacture of the product type.

Question 2:

Giving the quoted provision its ordinary language meaning, it seems unlikely that providing the repair facility with a different but similar product would be sufficient.