IBM Aptiva Handbook page 165

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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 para-graph of this Section:
death or personal injury or physical damage to your

real property solely caused by IBM's negligence; and
the amount of any other actual direct damages, up to

the greater of Irish Pounds 75,000 or 125 percent of
the charges (if recurring, the 12 months' charges
apply) for the Machine that is the subject of the claim
or which otherwise gives rise to the claim.
Warranty statements
D-9

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