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ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added
to this Section:
The warranties specified in this Section are in addition to any rights you may
have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
Extent of Warranty: The following replaces the first and second sentences of
this Section: The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating Environment,
improper maintenance by you, or failure caused by a product for which IBM is
not responsible.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade
Practices Act 1974, IBM's liability is limited to the repair or replacement of
the goods or the supply of equivalent goods. Where that condition or warranty
relates to right to sell, quiet possession or clear title, or the goods are of
a kind ordinarily acquired for personal, domestic or household use or
consumption, then none of the limitations in this paragraph apply.
PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added to this
Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this
Section:
NEW ZEALAND: The IBM Warranty for Machines: The following paragraph is added to
this Section:
The warranties specified in this Section are in addition to any rights you may
have under the Consumer Guarantees Act 1993 or other legislation which cannot
be excluded or limited. The Consumer Guarantees Act 1993 will not apply in
respect of any goods which IBM provides, if you require the goods for the
purposes of a business as defined in that Act.
Limitation of Liability: The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in
the Consumer Guarantees Act 1993, the limitations in this Section are subject
to the limitations in that Act.
EUROPE. MIDDLE EAST. AFRICA (EMEA)
The following terms apply to all EMEA countries.
The terms of this Statement of Warranty apply to Machines purchased from an IBM
reseller. if you purchased this Machine from IBM, the terms and conditions of
the applicable IBM agreement prevail over this warranty statement.
Warranty Service
If you purchased an IBM Machine in Austria, Belgium, Denmark, Estonia, Finland,
France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or United Kingdom,
you may obtain warranty service for that Machine in any of those countries from
either (1) an IBM reseller approved to perform warranty service or (2) from IBM.
If you purchased an IBM Personal Computer Machine in Albania, Armenia, Belarus,
Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary,
Kazakhstan, Kirghizla, Federal Republic of Yugoslavia, Former Yugoslav Republic
of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic,
Slovenia, or Ukraine, you may obtain warranty service for that Machine in any
of those countries from either (1) an IBM reseller approved to perform warranty
service or (2) from IBM.
The applicable laws, Country-unique terms and competent court for this Statement
are those of the country in which the warranty service is being provided.
However, the laws of Austria govern this Statement if the warranty service is
provided in Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria,
Croatia, Czech Republic, Federal Republic of Yugoslavia, Georgia, Hungary,
Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
Poland, Romania, Russia, Slovak Republic, Slovenia, and Ukraine.
The following terms apply to the country specified:
EGYPT: Limitation of Liability: The following replaces item 2 in this Section:
2. as to any other actual direct damages, IBM's liability will be limited
to the total amount you paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
FRANCE: Limitation of Liability: The following replaces the second sentence of the first paragraph of
this Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, IBM is liable for no more than: (items 1 and 2 unchanged).
GERMANY: The IBM Warranty for Machines: The following replaces the first sentence of the first paragraph
of this Section:
The warranty for an IBM Machine covers the functionality of the Machine for its
normal use and the Machine's conformity to its Specifications.
The following paragraphs are added to this Section:
The minimum warranty period for Machines is six months.
In case IBM or your reseller are unable to repair an IBM Machine, you can
alternatively ask for a partial refund as far as justified by the reduced value
of the unrepaired Machine or ask for a cancellation of the respective agreement
for such Machine and get your money refunded.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing Machine
to IBM will be at IBM's expense.
Production Status: The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to new parts,
re-used parts as well.
Limitation of Liability: The following is added to this Section:
The limitations and exclusions specified in the Statement of Warranty will not
apply to damages caused by IBM with fraud or gross negligence and for express
warranty.
In item 2, replace "U.S. $100,000" with "1.000.000 DEM."
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
IRELAND: Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory
conditions, including all warranties implied, but without prejudice to the
generality of the foregoing all warranties implied by the Sale of Goods Act
1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
Limitation of Liability: The following replaces items one and two of the first
paragraph of this Section:
ITALY: Limitation of Liability: The following replaces the second sentence in
the first paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is liable
for no more than: (item 1 unchanged) 2)as to any other actual damage arising in
all situations involving non-performance by IBM pursuant to, or in any way
related to the subject matter of this Statement of Warranty, IBM's liability,
will be limited to the total amount you paid for the Machine that is the
subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller are not liable for any of the following: (items 1 and 2 unchanged)
3. indirect damages, even if IBM or your reseller is informed of their
possibility.
SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND: Limitation of Liability:
The following is added to this Section:
IBM's entire liability to you for actual damages arising in all situations
involving nonperformance by IBM in respect of the subject matter of this
Statement of Warranty will be limited to the charge paid by you for the
individual Machine that is the subject of your claim from IBM.
TURKIYE: Production Status: The following replaces this Section:
IBM fulfils customer orders for IBM Machines as newly manufactured in
accordance with IBMs production standards.
UNITED KINGDOM: Limitation of Liability: The following replaces items 1 and 2 of
the first paragraph of this Section:
The following item is added to this paragraph:
NORTH AMERICA
CANADA: Warranty Service: The following is added to this Section:
To obtain warranty service from IBM, call 1-800-465-6666.
UNITED STATES OF AMERICA: Warranty Service: The following is added to this
Section:
To obtain warranty service from IBM, call 1-800-IBM-SERV.
Copyright International Business Machines Corporation 1998. All rights
reserved.
Note to U.S.Govemment Users - Documentation related to restricted rights - Use,
duplication or disclosure is subject to restrictions set forth in GSA ADP
Schedule Contract with IBM Corp.
IBM reserves the right to change specifications or other product information
without notice. This publication could include technical inaccuracies or
typographical errors. References herein to IBM products and services do not
imply that IBM intends to make them available in other countries. IBM PROVIDES
THIS PUBLICATION AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow disclaimer of express or implied
warranties, therefore this disclaimer may not apply to you.
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