IBM C400 User Manual page 76

2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of the
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA
The provisions of this Statement of Limited Warranty replace any applicable statutory
warranties.
What this Warranty Covers: 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 limitation period for consumers in action for breach of warranty is the statutory period as
a minimum. In case IBM or your reseller is 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.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, IBM will reimburse you for the transportation charges for the
delivery of the failing Machine to IBM.
Limitation of Liability: The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty will not apply
to damages caused by IBM with fraud or gross negligence and for express warranty.
E-10
IBM C400 PROJECTOR: User's Guide
The above limitation shall not apply to damages for bodily injuries (including death) and
damages to real property and tangible personal property for which IBM is legally liable.
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR
INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4)
LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
fulfillment of its obligations under or in connection with this Statement of Limited
Warranty is limited to the compensation of only those damages and losses proved and
actually arising as an immediate and direct consequence of the non-fulfillment of such
obligations (if IBM is at fault), for a maximum amount equal to the charges you paid for
the Machine that has caused the damages. For purposes of this item, the term "Machine"
includes Machine Code and Licensed Internal Code ("LIC").
The above limitation shall not apply to damages for bodily injuries (including death) and
damages to real property and tangible personal property for which IBM is legally liable.
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR
INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4)
LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.